Journals of the Senate and House of Commons of the General Assembly

¥ JOUl^KAli OT TH^ ^^KATE..

At a General Assembly, begun and held in the City of Ra- leigh, on Monday, the seventeenth day of November, in the year of our Lord one thousand eight hundred and twenty-three, and in the forty-eighth year of the Indepen DENCE OF THE UnITED StATES OF AmERICA It being the first Session of this General Assembly,

Tlie Returning Officers of the several Counties, certified that the following persons were duly elected to represent the Counties in the Senate, respectively, to wit

For Anson County, VTm. Marshall, For Iredell County, Alex. Torrence, Ashe, Elijah Callawa}^, Lenoir, Nathan B. Whitfield, Beaufort, Jas. O. K. Williams, Lincoln, Daniel M. Forney, Bertie, George B. Outlaw, Martin, Lewellen Bowers, Bladen, Daniel Shipman, Mecklenburg, Michael M'Leary, Brunswick, John C. Baker, Montgomery James Legrand, Buncombe, Philip Brittain, Moore, Wm. Jackson, Burke, James R. M'DoweU, Nash, Wm. W. Boddle, CabaiTus, John Phifer, New-Hanover, Thomas Devane, Camden, Caleb Perkins, Northampton, John Peebles, Carteret, Andrew Wilson, Onslow, Caswell, Bartlett Yancy, Orange, Duncan Cameron, Chatham, Robert Marsh, Pasquotank, John Pool, Chowan, W^m. Bullock, Perquimons, WiUis Riddick, Columbus, Thomas Frink, Person, Robert Vanhook, Craven, Pitt, Luke Albritton, Cumberland, I^achlin Bethune, Randolph, Alexander Gray, Currituck, Thomas C. Ferebee, Richmond, Stephen Wall, Davidson, Alex. R. Caldcleugh, Robeson, M. D. Murphejr, Duphn, Jeremiah Peai'sall, Rockingham, Nathaniel Scales, P^dgcombe, Hardy Flowers, Rowan, Jaiiies Martin, jr. Franklin, Rutherford, Elias Alexander, Gates, Abraham Han-ell, Sampson, Edward C. Gavin, Graf^vilie, Wm. M. Sneed, Stokes, John HiU, Gr ,, Jesse Speight, Siu-ry. Solomon Graves, GuUiord, Jonathan Parker, Tyrrell, John Beasley, Halifax, Wake, Henry SeaweD, Haywood, Thomas Love, Warren, M. T. Hawkins, Hertford, David E. Sumner, Washington, Hyde, David Gibbs, Wavne, Richard B. Hatch, . Johnston, John M'Leod, : nkci. .fiiinc-.'j Weilhorn. Jones, Durant Hateh :

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In pursuance of which Certificates, the folio, ing gentlemt;ii appeared, were qualified agreeably to law, anil took their seats, to-wit William Marshall, Elijali Callaway, James O. K. Williams, Geo. 15. Outlaw, Daniel Siiipman, John C. Baker, Philip Brittain, Jas. R. M'Dowell, John Phifer, Caleb Perkins, Andrew Wilson, Bartlett Yancy, Robert Marsh, Wm. Bulh)ck, Thomas Frink, Lachlin Be- tliunc, Thomas C. Ferebcc, Alexander R. Caldcleugh, Jeremiah Pearsall, Hardy Flowers, Abi'aham Harrell, Wm. M. Sneed, Jesse Speicfht, Jonathan Parker, Thomas Love, David E. Sumner, David Gibbs, Joim MrLcod, Durant Hatcli, Alexander Torroice, Nathan B. Whitfield, Daniel M. Forney, Lewcllen Bovvers, Michael McLea- ry, James Legrand, Wm. Jackson, Wm. W. Boddie, Thomas De- vanc, Jolm Peebles, Duncan Cameron, John Pool, Willis Riddick, Robert Ynnliook, Luke Albritton, Alexander Gray, Stephen Wall, Murdock D. Murphey, Nathaniel Scales, James Martin, jr. Elias Alexander. Edward C. Gavin, John Hill, Solomon Graves, John Beasley, Henry Seawell, ISlictyah T. Hawkins, Richard B. Hatch, and James WelJbt)rn. On motion of Mr. Cameron, Bartlett Yancy, Esquire, the member of this House fiom the county of Caswell, was unanimously chosen Speaker of the Senate, and conducted to the Chair accordingly. On motion of Mr. Speight, Benjamin H. Covington, was appointed Clerk of tiic Senate, and James W\ Clark, Clerk Assistant. On motion of Mr. Vanhook, Thomas B. Wheeler and Robert Ray weie appointed Door-keepers of the Senate. On motion of Mr. Wellborn, a mcsssage was sent to the House of Commons, infornjing them of the organization of the Senate, by the appointment of Bartlett Yancy, Esquire, Speaker, Benjamin H. Covington, Clerk, and James W. Clark, Clerk Assistant, Thomas B. Wlieeler and Robert Ray, Door-keepers, and of their readiness to commence their piiblic duties. On motion of Mr. Wellborn, it is ordered, that a committee, consisting of five members, be appointed to draw Rules of Decorum for the government of the Senate ^ and Messrs. Wellborn, Cameron, Jlill, Sneed, and Gray, were appointed to compose the said committee. The Senate adjourned uiitil to-morrow niorning, 10 o'clock.

- Tuesday f JSTovember 18, 18£3. The Senate met agreeably to adjournment. On motion of Mr. Wellborn, it is ordered, that the Rules of De- coi-um, adopted for the government of the Senate, at the last session of the Legislature, be adopted for the present session, until the committee appointed for this purpose shall mak(5 their rejwrt. Received from the House of Commons, a message, stating the due orgfin:?^t5o)t of t! at Hoase, by tlie appointment of the Honorable Alfred caivcr, Jffite^ant Henderson, Clerk, and William :

JOURNAL OF THE SENATE. 5

B. Lockliart, Cloffe Assistant, and John Lumsden and Richard Ro-

berts Dooi'-keepers ; and that they are also ready to jjrocced to the dispatch of piibJic business. Received iVom the House of Commons, a message, proposing that a joint select cotnmitkc be a])poinled to wait on liis Excellency the Governor, and inform him of the organization of the two Houses, and of their readiness to receive any consmunications which he may tiiink j)roper to make to them; and appointin;^ Messrs. Alston, Leonai'd, and Baker, as a committee on the part of that House,

which proposition was read and agreed to ; and Messrs. Love, Ga- vin, and Baker, were appointed to form the sard committee on tho part of the Senate. Mr. Seawell presented tlie following resolution

Resolved, That Joseph Gales 8c Son, be permitted to report the. proceedings of the Senate, during the present session oS' the General Assembly, in the character of Ste- nog'raphers ; and for that- purpose, a suitable situation be assigned tiieni by the Speaker.

Which resolution was agreed to. Received from the House of Commons, a message, proposing that a joint select committee be appointed to prepare joint rules foi' the government of the two Houses ; and appointing on the part of that House, Messrs. Fisher, Mann, and Strange, which proposition wa^

agreed to ; and Messrs. Cameron, Seaweil, and Hatch, of Jones, were appointed to form the committee on tiic part of tiie Senate. Received from the House of Commons, a message, proposing to ballot immediately, for three Engrossing Clerks, and nominating Thomas T. Armstrong, Charles G. Rose, Isaac Newhery, Samuel F. Patterson, David Mock, John Vanhook, David Tate, Joshua E. Lumsden, Joseph Ramsay, Charles Hunter, Tiiomas Hearne, Benja- min D. Rounsaville, Thomas G. Stone, George Mordecai, William M. y/lrire, Donald R. McLeod, James Campbell, and John C. Ehriiighaus, whicli projjosition was read and agreed to, and Mr. Y/ail and Mr. Outlaw, weie appointed superintendants of the balloting on the part of tiic Senate. Mr. "Love, from the committee appointed to wait on His Excellen- cy the Governor, reported, that the committee were authorised by His Excellency to state, that he would make a communication to the Legislature at 12 o'clock to-morrow. Received from the House of Commons, a message, stating that Mr. Ward and Mr. Williamson attend the Senate as a committee on the part of that House, to superintend the balloting for three En- grossing Clerks. Mr. Outlaw, from the committee appointed to conduct the balloting for three Engrossing Clerks, reported, that Samuel F. Patter- son was duly elected, and that no other person in nomination had a majority of votes; which report was concurred in.. 6 JOUfiNAl^ OF THE SENATE.

Mr. Wilson presented the resignation of William Hill, Justice ol tbe Peace of Carteret county. Mr. Wellborn presented tiie resignation of Samuel Johnson, Jus- tice of the Peace for the county of Wilkes ; and Mr. Vanhook presented the resignation of John Day, Colonel

Commandant of the militia of Person county ; which resignations were severally read and accepted by the Senate, and sent to the House of Commons. Tlie Senate adjourned until to-morrow morning, 10 o'clock.

fFednesday, JYovemher 19, 1823. The Senate met agreeably to adjournment. Mr. Sneed i)resented the resignation of James H. Harris, a Jus- tice of the Peace for the county of Granville ; and Mr. Frink presented the lesignations of Elisha Sellers and John

Gore, as Justices of the Peace for the county of Columbus ; which were severally read and accepted, and sent to the House of Com- moni. On motion of Mr. Wilson, a message was sent to the House of Commons, proposing to ballot immediately for two Engrossing Clerks, yet to be elected. Received from the House of Commons, a message, consentrng to ballot immediately for two Engrossing Clerks, as proposed by the

Scyate ; a)id stating that the name of Charles G. Rose is withdrawn from the nomination, and that Mr. Clancy and Mr. Sellers are appointed a committee to conduct the balloting, on the part of that House. Whereupon Mr. Sumner, and Mr. Hatch, of Jones, were appointed superintendants of tiie balloting, on the part of the Senate. Mr. Sumner, from the committee appointed to conduct the balloting for two Engrossing Clerks, yet to be elected, reported that no person in nomination had a majority of the votes. On motion of Mr. Callaway, a message was sent to the House of Commons, proposing that a further balloting for the Engrossing Clerks, immediately take ])lace, and stating that the name of David

Mock is withdrawn from the nomination ; and a message was received from the House of Commons, in answer thereto, stating their agreement to ballot immediately for the two Engrossing Clerks, yet to be elected ; that the names of Tliomas Hearne and George Mor- decai aie withdrawn from ti:e nomination, and that Mr. Robert A. Jones and Mr. M. W. Campbell, attend on their part to receive the ballots. Thereupon Mi". Gra\es and Mr. Hawkins, were appointed superintendants of the balloting on the part of the Senate. Received from the House of Commons, a message from His Ex- cellency the Groyernor, indorsed in that House, lead, and ordered to JOURNAL OF THE SENATE. 7

be pi-iiited ; which h(;ing read in the Senate was also ordered to ho printed. The Senate asljonrned until to-morrow mornin£^, 10 o'clock.

Thursday, JVovenibcr 20^ 1893. The Senate met a.a^rceably to adjournment. Mr. Graves, from the committee appointed to conduct the balloting^ for two Engrossing Clerlis, yet to be elected, reported that no person in nomination had received a majority of tlie votes. John H. Bryan, the Senator from the county of Craven, and Ed- ward Ward, the Senator fiom the county of Onslow, appeared, produced the certificates of their election, were qualified, and took their seats. Mr. Wellborn, from the committee appointed to draw up rules of order for the government of the Senate, reported the following, to wit: I. When the Speaker takes the Chair, eacli member shall take his seat, and on the appearance of a quorum, the journal of the preceding day shall be read. II. When any member is about to ^)eak in debate, or deliver any matter to the House, he shall rise from his seat and lespcctfully address himself to the Speaker, and shall confine himself to the question under debate, and avoid personality. And when two or more members happen to rise at once, the Speaker shall name the one who is first to speak. No member shall speak oftener tiian twice on the same question without leave of the House ; and when any member is speaking, he shall not be interrupted by any person, either by speaking, or by standing or passing between him and the Chair. III. If any member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order j in which case the member so called to order, shall immediately sit down, unless permitted to explain, and the House shall, if appealed to, decide on the case, but without debate ; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in

favor of the member called to order, he shall be at liberty to proceed ; if otherwise, and the case require it, he shall be liable to the censure of the House. IV. When a motion is made and seconded, no other motion shalS

be received, unless it be to amend the main question, to postpone itj. to commit it, to let it lie en the table, or to adjourn. V. Questions on bills and resolutions may be stated by the Speak- er sitting, but shall be put standing. Questions shall be distinctly ** put in this form : As many as are of opini »n, that (as the case may be) say Aye;" and after the affirmative voice is expressed, " as many as are of a contrary opinion, say No." If the Speaker doubt as to the voice of the majority, or a division be called for, the Speak- 8 JOUll>iAL OF THE SENATE. er shall call on those in the affirmative of the question to rise irons thcii" seats, and afterwards, those in the. nrjj^ativc. If the Speaker still doubt, or a count be required, the Speaker shall name two members, one from each side, to tell tlie number in the affiiinative, which beinj^ rej)nrtcd, he shall then name two others, one from each side, to tell those in the negative, which beinj^ reported, he shall state the division to the House and announce its decision. No member shall he permitted to enter his yea or nay unless he be within the bar of the Senate at the time the question is put from the Chair, unless by leave of the Senate. VI. When any member shall make a motion which is not of course, he shall reduce the same to writing if required. all cases of ballot, by the House, the VII. In Speaker shall vote ; and when, on a division, there shall be an equal number of votes, the

Speaker shall decide the question ; in no other case shall ho vote, ^mless his vote, if given to tlie minority, will make the division equal, and when an equal division is produced by the Speaker's vote, the question shall be lost. Vni. No member shall depart the service of the House without leave, or receive pay as a member for the time he is absent. IX. Petitions, memorials, and other papers, addressed to the House, shall be presented by the Sj)eaker, or by a member in his place ; a brief statement of the contents thereof shall verbally be made by the introducer ,• and the petition, memorial, or otiier paper, shall not be read unless so ordei-ed by the House. X. A bill or resolution for the appropriation of public money, shall be read the fii-st time for information, and upon tliis reading, shall not be subject to amendment, but may be amended on the second or third reading. XI. All bills of a public nature, when ready for the second hear- ing, shall be noted to be read at least one day previous thereto ; and then shall first be read for information, and afterwards, paragraph l>y paragraph, and held open for amendment. XII. When a question has been once decided, it shall be in order for any member of the majority to move for the reconsideration thereof on the same, or succeeding day. XIII. The Speaker shall examine and correct the Journal before it is read. He sliall have the general direction of the Hall ; he shall designate the members who shall compose select committees, except

when othei'wise ordered ; and the select committees of this House

shall consist of five members ; he shall also appoint the superintendants on all balloting committees. XiV. There shall be appointed by the Senate a committee of Pro- positions and Grievances, a Committee of Privileges and Elections, and a Committee of Claims, consisting of eight members, one to be selected from each old Judiciary District» JOURNAL OF THE SENATE. 9

XV. When the House r^olves itself into a committee of the whole, the Speaker shall leave the Chair and appoint a Chairman, and when, upon any other occasion, the Speaker wishes to leave the Chair, he shall appoint a Speaker pi'o tern. XVI. When any petition, memorial, or other paper, addressed to the House, shall have heen referred either to one of the standing or select committees, they shall, in their report on the petition, memorial, or other paper, make a statement in writing of the facts embraced in the case so referred. XVII. In case of any disturbance or disorderly conduct in the gallery or lobby, the Speaker, or Chairman of the committee of the whole House, shall bave power to have the same cleared. XVI II. No person, except members of the House of Commons, Officers and Clerks of the two Houses of tlie General Assembly, Judges of the Supreme and Superior Courts, O dicers of tlie State resident at the Scat of Government, members of Congress, persons particularly invited by the Speaker, and such gentlemen as have been members of either House of the Legislature, shall be admitted witk- in the hall of the Senate. XIX. Any member dissatisfied with the decision of the Speaker^ on any question of order, may appeal to the House. XX. When the private interests of a member are concerned in a bill, question, or resolution, he is to withdraw, and he is not to be a member of the committee to which such bill, question, or resolutioa may be refei-red. XXI. When the House adjourns, the members shall keep theii* seats till the Speaker leaves the Chair. XXII. On motion for adjournment, the question shall be decided without debate. The foregoing being read, it was resolved^ that the Senate do con-

cur therewith ; and On motion of Mr. Wellborn, it was ordered that the same be printed, one copy for each member of the Seirate. On motion of Mr. Wellborn, the Senate proceeded to the appointment of standing committees, which were made as follows : On the Committee of Claims—Messrs. Love, McLearj-, Hawkins, Baker, Jackson. Riddick, Vanliook, and Speight. On the Committee of Propositions and Grievances—Messrs. Forney, Graves, Peebles, Fi'ink, Wall, Sumner, Sneed, and Williams. On the Committee of Privileges and Elections—Messrs. Callaway, HiD, of Stokes, Bowers, Pearsall, Gavin, Outlaw, Marsh, and Bryan. Mr. Cameron presented the following resolutions, which were read and agreed to. 1. Resolved, that so much of the Governor's Message as relates to the Public Roads and Internal Improvements, be referred to a select committee. 2. That so much of the said message as relates to Agricultiue, bewferredto asekct committee. :

10 JOURNAL OF THE SENATE.

". Tliat so much of the said message as relates to the Criminal Eaws, and the administration of them, be referred to a select coniniilee. 4. Tliat so mucli of tlie said Message as relates to the Public Lands acqnired by treaty with the Cherokee Indians, be referied to a select committee. Mr. Snccd presented the following resolution, to wit JlesoJved, thai a select committee be appointed on Education. M'liicI) was read and agreed to. Received from tlie House of Commons, a message, proposing that a balloting immediately take place, for the two Engrossing Clerks, yet to be elected, and stating that Mr. Turner and Mr. J. A. Hill, wait on the Senate as a committee to conduct the balloting, on the part of that House ; which proposition was agreed to, and Mr. Out- Jaw and Ml'. Hawkins, were appointed superintendants of the balloting on the part of tlie Senate. Mr. Hawkins, fiom the committee appointed to conduct the balloting, for two Engrossing Clerks, reported that no pei-son in nomination had received a majority of the^votes. Thereupon, On motion of Mr. Love, a message was sent to the House of Com- mons, proposing tliat a fuither balloting immediately take place, and a message was receixed fiom tliat House in answer thereto, consenting to ballot immediately, as j)i'oposed by the Senate, and appointing Ml'. Wilkins and Mr. Webb a committee to conduct the balloting on their part—and stating that the names of Isaac Newberry. John Van- Jiook, William M. White, Josepb Ramsay, and Charles Huntei', are \xithdrawn from the nominatio?ij and t-ie foregoing being read, Mr. Hiil and Mr. Fearsall were appointed superintendants of the balloting on the part of the Senate. Received from the House of Commons, the Report of the joint- committee appointed to prepare and report Joint Rules for the Gov- ernment of the two Houses, which was concurred with in that House, and are as follows : I. Each House shall perfect and finally act on all bills, i-esohi- tions, and orders, before the same shall be communicated to the other for its concurrence, and if amended in the House to which it is transmitted, it shall be communicated to the House in which it originated, asking the concui-i-ence of that House in tlie amendment. II. In any case of amendment cf a bill or resolution, agreed to in one House, and dissented to in the otiier, if either house shall request a conference, and appoint a committee for that purpose, and the other House shall also appoint a committee to confer; such committee shall consist of an equal number of members of each House, and shall, at a convenient time and place to be agreed on, meet and state to each other, the reasons of their respective Houses, for and against th.e amendment, and confer freely thereon, and make a report in "Writing, to their respective Houses, of the result of their conference. IIT. *'Tr ^^ea fi-«>m one House to the other, shall be seat by tli« Clerk i'^'-" ^ / -ci; House, uuless otherwise ordered. JOURNAL OF THE SENATE. 11

IV. When a mcssae;ft sliall be sent from one House to the other, it shall be announced at tlie door of the House to which it is sent by the Door-keeper, ami sliall be respectfully delivered to the Chair, by the person by whom it may be sent. V. After a bill shall have passed the House in which it shall have originated, it shall be under the si,gnature of the Clerk, and engrossed under his direction and inspection, before it shall be communicated to the other House. VI. After a bill shall have passed both Houses, it shall be duly enrolled on suitable paper, by the Engrossing Clerks, before it shall be presented for ratification. VI!. When bills are enrolled, they shall be carefully examined by a joint committee of two from the Senate, and four from the House of Commons, appointed as a committee for that puipose, whose duty it shall be, carefully to con)pare the enrolment with the engrossed bills, as passed in the two Houses, and correcting any er- rors tliat may be discovered in the enrolled bills, and make their report of the said bills, to the House. Vin. After examination and report, each bill shall be ratified and signed in the respective Houses ; first by the Speaker of the House of Commons, and then by the Speaker of the Senate. IX. All orders, resolutions, and votes, of the two Houses, shall be examined, engrossed, and signed, in the same manner as bills. X. When a bill or resolution, which shall have passed in one House, is rejected in the other, notice thereof shall be given to the House in which the same may have passed. XI. The committee in each House, shall, in all cases mak* a statement of faerts on which their report is founded, which statement, with all other papers on which any bill or resolution shall be form^ ed, shall be transmitted to the other House. XII. The committee of Finance shall be joint, consisting of eight members of each House, one to be selected from each of the former Judicial districts. ' XIII. The Library committee shall be a joint standing committee, consisting of thi'ce members fi'om each House, appointed by the Speakers thereof, respectively. XIV. Whenever either House shall order any paper or document to be pi'iiited, it shall be printed in ottavo form, on good paper, and with fair tvi>e, and shall be distributed in the following manner:

one copy tliereof to each Member of tiie General Assembly ; one copy to the Clerk of eacli House, for the use thereof, and ten copies sliall be deposited in the Public Library. The foregoing bcir.g read, Mr. McLeod moved to strike out the first Rule tliereof; and the question thereon was determined in the negative. The question then recui-red on tJ;? adoption of the Rules,

and the same were agreed to : And, 12 JOURNAL OF THE SENATE.

On motion of Mr. Vanliook, ordered to be printed. Received from the House of Commons, the followinj^ resia^nations, which were rea«l and accepted in that House, to wit : the r esi^nations of lienry Cartel-, Hvder A. Rojjers, William Ward, and Samuel

">V«>lsh, Justices of the IN ace of Stokes count\ ; also, the resis^iiations of J. Taylor, of Nash county, Wm Weathers, of Granville county, Dt'inarcus Palmei-, of M<»nt.a^omery county, Thomas A. Word, of Surry county, and Andrew Duke, of Currituck county, Justic<'s of tiu^ I'eace ; also, tlie iesif>,nation of K. M()nti!;omei'y, Lieutenant Co- Jonil of the Militia of H

Fridaij, JS'hveTttber 21, 1823. T!je Senate met at^reeably to Hdjourjiment. Mr. Hill, of Stokes, from the committee appointed to conduct the balloting t\\v two E'igiossine; Clerks, i-eported, that Thomas T. Aimstrorig was duly elected, and that no ()ther perscm in nomination liad received a majority of the votes; which report was concurred in : and. On motion of Mr. Hill, of Stokes, a message was sent to the House of Commons, j)roposing that a further balloting immediately take plac'/. f M* one Engrossing Clerk yet to be elected, and stating that the name of David Tate is withdrawn from the nomination., Mr. Cameron presented the following i-esolution, to wit: Whereas, the Honorable Wm. Norwood, Ksquire, one of the Judges of the Superior Coiiits of Law and Equity of this State, was prevented, by extreme ilhiess, from

holding all the Courts in the Crcuit to which he was allotted, this fail : Resolved, that the Public Treasurer be, and he is liereby authorised and required to pay to the said Wni Norwood, the full sum he would liave been entitled to receive from the PMblic Treasury, in like manner as if he had held all the Courts in the Circuit as- signe' ro mm ; and for so doing this shall be his wairant. Which resolution was read the first, second, and third time, and passed, and ordered to be engrossed. Mr. Graves presented the following resolution, to wit: Jiesolved, that a select committee of this House, be appointed on the militia laws and tlie public arms of the State.

Which was agi-eed to ; and Messrs. Graves, Brittain, Williams, M'Leary and Ward, were a|)pointed to compose the said committee. Received from the House of Commons, a message, consenting to ballot for one Engrossing Clerk, as projiosed by the Senate ; and stating that the name of Benjamin D. Rounsaville is withdrawn from the nominntion, and that Mr. Graham and Mr. Shepherd are appointed supiM-intendants of the balloting on the part of that House. And thereupon, Mr. Hatch, of Wayne, and Mr. M'DowelJ, Mere appointed superintendants of the balloting on the part of the Senate. JOURNAL OF THE SENATE. 13

On motion of Mr. Callaway, a mcssa.sje was sent to the House of Coninions, proposing to ballot at tlic meetin,^ ol'tlie two Houses, to- morrow morninj^, fV>i* a Public Printer, and nominating (or that appointment, Joseph Gales ik, Son. The following; persons were appointed on the several select corn- mil tees, ordered on the message of the Governor. On Internal Improvement—Messrs. Cameron, IJurgess, Legrand, Caldcleugh, and Hatch, ot'V^'aync. On Agi'iculturr —Messrs. Hatch, ofJones, Phifer, Gray, HaiTell, and Bethune. On Criminal Law— Messrs. Martin, AVellborn, Bryan, Graves, and Shipman. On the Cherokee Lands— Messrs. Seawell, Love, Forney, M'Leod, and Hrittain. And pursuant to the resolution piesented by Mr. Sneed, On Education—Messrs. Sneed, Hill, of Franklin, Whitfield, Wai'd, and Hill, of Stokes. And, On the Library Committee—Messrs. Forney, Bryan, and Bullock. Mr. M'Dowell, from the committee appointed to conduct the balloting fop one Engi'ossing Clerk, yet to be chosen, reported, that no person in nomination had received a majority of the votes. Received from the House of Comnu>ns, a message, proposing a furtlier balloting foi* one Engrossing Clerk, yet to be chosen, which was agreed to, and Mr. Brittain and Mr. Pearsall, were appointed superintendants of t!ie balloting on the part of the Senate. On motion of Mr. Wellborn, the name of James Campbell was withdrawn from tlie nomination for Engrossing Clerk; and the House of Commons, was infoimed thereof by message. Receivefl from the House of Commons, a message, stating that Mr. Leonard and Mr. Smith attend the Senate as superintendants of the balloting for one Engrossing Clerk yet to be chosen ; also a message stating that they do not agree to ballot to-morrow for Public Printer', as j)roposed by the Senate. Mr. Pearsall, from the committee aj)pointed to conduct the balloting for one Engrossing Clerk yet to be elected, reported that John

C. Ehringliaus was duly elected ; which report was concurred in. Mr. Gray jjresented the petition of Jane Wilborn,of the county of Rand(d])h, pra}ing the passage of a law securing to her such estate as she may hereafter acquire ; and «» Mr. Baker presented the petition of sundry inhabitants of the county of Brunswick, in favor of John Clewis. Which were referred to the Committee of Propositions and Griev- ances. Mr. Shipman presented the resignations of Aaron Lewis, James Campbell, and James Swindal, Justices of the Peace of Bladen county. Mr. Baker presented the resignation of John Grissett, Justice of the Peace of Brunswick county ; and Mr. Love presented the resignation of David Riissell, as a Justice of the Peace of Haywood county. Which were severally read and accepted by the Senate.

The Senate adjourned until to-morrow mo ifwi'^^if ' o'clock. 14 JOURNAL OF THE SKXATE.

Saturday, A^ovemher Z2, 1823. The Senate met a.^reeably to adjournment. Keceived (Vom the House of Commons, a message, stating that they have, aa^reeably to the provisions of the joint rales, for the government of tlie two Houses, ajipointed a committee of Finance, to join the committee to be appointed by the Senate, consisting of Messrs. Carson, Siiopherd, Taylor, Turner, S. A. Bryan, Stanly, Leonard, and Howell, and that they have also appointed, in ac- cordance with the said rules, a committee on the Public Library, consisting of Messrs. Fisher, T, N. Mann and Brodnax. The foregoing being i*ead, a message was sent to the House of Commons, stating that the Senate, according to the joint rules of the two Houses, have appointed the following persons on the committee of Finance, to wit : Messrs. Hatch, of Jones, Bullock, Flow- ers, Marshall, Ward, Gray, Martin, and Wellborn ; and also a committee on the Public Library, consisting of Messrs. Forney, Bryan, and Bullock. Received from the House of Commons, a certificate of an allowance, made by the County Court of Cumberland, in favour of Isa- bella Campbell, widows of James Campbell, a soldier in the conti- nental line of this State, in tiie rcv«)lutionary war; which was endorsed, read, and countersigned by the Speaker, of that House ; and On motion of Mr. Bethune, the same was countersigned by the Speaker of the Senate. Mr. Brittain presented the resignation of Jonathan Tipton, Jus- tice of the Peace of tlie county of Huncombe, and the resignation of William Orr, Lieutenant-Colonel of the first regiment of said county ; and Mr. Alexander presented the resignation of Andrew Hud- low, Colonel Commandant of the first regiment of militia of Ruth- erford county ; wliicii were severally read and accepted by the Se- nate, and sent to the House of Commons. Received from the House of Commons, the following resignations, to-wit : the resignations of J. Berryman, of Rowan county, John Crowal, of Mecklenburg county, and J. Cherry, of Pitt county, Jus- tices of the Peace ; also tiie resignations of Ninian Edmonston, Lieutenant Colonel of the nillitia of Haywood county, Andrew Hemphill, Lieutenant Colonel of the third reginient of the militia of Burke county, and I. Daniel, Major of the first regiment of the militia of Edgcombe county ; which were endorsed in that House, read, and accepted, and tiie same were severally read and accepted by the Senate. The Senate adjourned until Monday morning at 10 o'clock.

Monday, ^"oreinoer 24, 182S. The Senate met agreeably to adjournment. Charles A. Hill, the Senator from the county of Franklin, Tho- mas Burges, the"^- ^iutor from the county of Halifax, and Thomas : :

JOURNAL OF THE SENATE.'^\ 15 C«)X, JliO Senator from the comity of Washincj'ton, appeared, produced (heccrlificates of their election, were qualified, ar>d took their seats. Ml*. Maitin moved to adopt the followin,^, as one of the rules for the ,2;overninent of the Senate, the present session, to-\vit when the jcas and n.avs are called for on any question put, and if seconded and the question sli^ill be decided by the 3'eas and nays, tlio names of members shall be called in alphabetical order. Which was not agreed to. Received from the House of Commons, the following resolution, to-wit That all resolutions, the object of which is to draw money from the Public Treasu ry, be read three tiiTies in each House. ^j And the same heing read was concurred in by the Senate. That a joint select committee be appointed to enquire whether the Public Printing cannot be done with more economy than under the existing- laws, either by special contract or otherwise, and appointinij on the part of that House, Messrs. Stanly,

Blackledge, Mebane, Shepherd, and Strange, to form the said committee ; Which was lead and concurred in by the Senate, and a committee \vas appointed consisting of Messrs. Cameron, Gray, Wellborn, 4. Phifer, and Burges, and the House of Commons was informed thereof by message. Received from the House of Commons, the Report of the Public Treasurer, endorsed in that House, read and referred to the committee of Finance, and ordered to be printed j wiiich reference and order were agreed to by the Senate. Received from the House of Commons, the following resolution, which was adopted by that House, to-wit : That a joint select committee be appointed to enquire into the state and condition of the several incorporated Pianks of tliis State, whether then- notes are at this time redeemed agreeably to their charters, with specie ; and if not, to ascertain when the said Banks will be read}' to rcsimie specie payments ; and also to enquire whether the notes said of corporations, or any of ihem, have depreciated from their extrinsic value ; and if they have so depreciated, to investigate and report the means, if any, of improving and sustaining the credit of said notes. Which resolution was read and concurred in by the Senate, and a committee was ap|>ointed consisting of Messrs. Seawell, Vanhook/ Phifer, Scales, and Sneed, on tlie jiai't of this House. Mr. Bryan moved for and obtained leave to withdraw the petition of John Rhem and others, with the accompanying ddquments, from the files of the Senate. Mr. Baker presented a bill ** to regulate the time of holding the Superior Courts of Law and Equity, in the fifth Judicial Circuit," which was read tlje first time and passed, and made the order of the day for to-morrow. Mr. M'Leary presented a certificate of an allowance made by the County Couit of Mecklenburg, to Leah Beaty, widow of John Bea- ty, a soldier in the revolutionary war, which was read and countersigned by the Speaker of the Senate, and sent to the House of Coni' mens. * > I 16 JOURNAL OF THE SENATE.

Ml'. Sneeil presented a bill to consolidate and amend the several laws of this State, relative to the processioning of land; which was

read the first time and passed ; and On motion of Mr. Hill of Stokes, ordered that the same be printed. Mr. Callaway presented a bill to appoint Commissioners to superintend the building of two bridges on the great stage I'oad in the counties of Wilkes and Ashe, wl^^ch was read the first time and pas- ijed ; and On motion of Mi*. Callaway, referred to the committee on Inter- nal Im[)rovements. Mr. Hill, of Stokes, presented the petition of Wm. ^yelsh and others, of the county of Slokes, praying for authority to erect gates on a public road therein mentioned. Mr. Torrence presented the petition of Joseph Byars, of Iredell county, praying for authority to keep up a gate across a public road therein mentioned, free from the payment of a tax for the same ; and Mr. Love presented the petition of sundry inhabitants of the county of Haywood, on the subject of the Clierokee lands. The two petitions first abovemenrioned, were referred to the committee of Propositions and Crievances, and the last mentioned |)c- tition was referred to the committee on that part of the Governor's message which relates to the Cherokee lands. Mr. Callaway piesented the resignation of John Long, a Justice of the Peace for the county of Aslie, and received from the House of Commons the resignation of J. Willie, Colonel Commandant of the militia of Cabarrus county , which were severally read and accepted by the Senate. The Senate adjourned until to-morrow morning 10 o'clock.

Tuesday, J^^veniber 25, 18£3. *l'he Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that th« Senate have passed a resolution in favour of Judge Norwood, in ivhich they ask the concurrence of that House. Mr. Wellborn presented the petition of sundry inhabitants of Wilkes county, praying for the passage of a law to restore to credit Amos Harmon; which was referred to the committee on that J)art of the Governor's message which relates to the Criminal Law. The certificate of the Court of Pleas and Quarter Sessions of Mecklenburg county, in favour of Leah Beaty, was returned from the House of Commons, endorsed, read, and countersigned by the Speaker of that House. Mr. Beasley presented a bill to alter the times of holding the Court of Pleas and Quarter Sessions in Tyrrell county ; also a bill to exempt certain citizens in Tyrrell county fi'om jiublic duty ; and also a bill making compensation to Jurors of the Superior and County JOURNAL OF THE SENATE. it

Courts of Tyrrell county ; which bills were severally read the first time and passed. Received from the House of Commons, the Report of the Public Treasurer on tlie subject of the Banks of tliis State; which was endorsed in that House, read and referred to the Joint select committee appointed to enquire into the state of the Banks ; which reference was agreed to by the Senate. Mr. Peebles presented the petition of Wm. Deloatch of North- ampton county, praying the passage of a law to alter the name and legitimate Elizabeth >Vade ; and Mr. Gray presented the petition of Elizabeth Barker, praying tliat the property she now has, or may hereafter acquire, be secured to her; which were referred to the committee of Propositions and Grievances. The bill to alter the times of holding the Court of Pleas and Quar- ter Sessions in Tyrrell county, \vas read the second and third time and passed, and ordered to be engrossed. The bill to exempt certain citizens in Tyrrell county from public duty, was read the second time and passed ; and On motion of Mr. Phifer, it was ordered that tlie further consideration thereof be postponed until to-morrow. The bill making compensation to Jurors of the Superior and Coun- ty Cmirts of Tyrrell county, was read the second time and passed ; and the same being read the thiid time, it was, On motion of Mr. Sneed, ordered that the further consideration thereof be postponed until to-morrow. Received from the House of Commons, a message, proposing to ballot at the meeting of the two Houses to-morrow morning, for a Major-General of the fourth division of the militia of this State, and nominating for that ai)pointment Brigadiers-Goneral George

Lee-Davidson and Michael M'Leary ; which proposition was agreed to by the Senate. The Senate entered upon the order of the day, when the bill to regulate the time of holding the Superior Courts of Law and Equity in the fifth Judicial Circuit, was read the second time ; aT»d, On motion of Mr. Wellborn, referred to the committee on that part of the Governor's message whicl» relates to the Criminal Law. Mr. Forney, from the committee of Propositions and Grievances, to whom was referred the petition of sundry inhabitants of the county of Brunswick, in favor of John Clewis, reported a bill to restore to credit John Clewis of Brunswick county , which was read the first and second time, and passed ; and On motion of Mr. Baker, ordered to lie on the table until to-morrow. Received from the House of Commons, the resignation of Samuel W. Davidson, Colonel- Commandant of the second i-egiment of the militia of Buncombe cvuntv ; Jesse M'Cuistin, Major gf ih« fii-st is JOURNAL OF THE SENATE.

resfiment of militia of Guilford county ; and G. Hefner, Justice of tl)e Peace of Bunconihe county; which weic endorsed in that House, read and accepted ; and the same were severally read and accepted by tin' Senate. The Senate adjourned until to-morrow, 10 o'clock.

Wednesdatfi JSfovemher 26, 1823. The Senate met a.s^reeably to adjournment. A messai^e was sent to tlie House of Coninions, statin.^ tiiat the Senate have passed a bill to alter the time oT holdin.!^ the Court of I'leas and (Quarter Sessions of Tynell county, in wliich they ask the concurrence of that House. Mr. Brittain presentt d the ])etition of sundry inhabitants of Bun- con)be county, praying- that a company be incorporated for the purpose ot making a turnpike road fi om AsIm s ille, bj the Warm Sprinj^s, to the Tennessee line; and also a bill to cari-y the prayer of tlie [)e- titioners into effect ;. wliich was read the first time and j)assed ; ami, On motion of Mi-. Bi-ittain. the said hill and petition were referred to tlu' committee on Internal l'n|M-o\ements. Mr. Hiwkins j)resented a certificate of an allowance made by the County Court t)f Warren, in fa\or of Elizabeth Hai'i-is, widow^ of Burweli Harris, a soldier in the revolutionary war; which wasread^ and. On nwtion; countersigned by the Speaker of the Senate, and sent to the House of Ctimmons. On motion of Mr. Williams, a message was sent to the House of

Commons, proposing t(» baUot imaiedintely i'i)\' a Biigadier-General of the second lirigade and eighth «iivision of ilie militia of this State, and nominating for tiiat appointm^'ut Colonel Jesse Speight.

Mr. Hill, of Franklin, pi-esented the f)!lo\viiig resolution : That a select joint conimitteee be appointed to enquire into the expediency of amending' tiie Judiciary system, so far as relates to the Circuit Courts of this State; and that they have leave to report by bill or otlierwise. Wiiich was agreed to—and JVLossrs. Hill, (of Franklin) Martin, Seawell, CamiMon and Weill). )rn were appointed tlie said committee on the part of the Senate, and sent to the House of Commons for their concurreiu^e. On motion of Mr. Cameron, a committee was appointed on En- rolled Bills, <'<)sis!sting of M' ssrs. Burges and H i^cii, of Jones. iieceived fi-om the Hoiise of Commons, a message, stating tliat Mr. Clancey and Mr. Brodnax are ai)pointt'd a co:nmittee to wait on the Senate, to receive the b vllots foi- a iMaj(U'-(j( neial of the fourth division of the miiitia ; .i)i;i, tlieiT.tpoM. Ar. Cox and Mr. .\lex;iu- der were appointed superiuteuilauls of tue balloting on tue part of the Senate. JOURNAL OF THE SENATE. 19

The hill to exempt certain citizens rn Tyrrell county from public dîty ; tlie bill niukiiiJi; compensiitioti to Jurors of tl>e Superior and and County Conits of Tyrrell county ; and the hill to restore to crei'it John Clewis, of Brunswick county, were severally read tjie third time and passed, atid ordered to be enajrossed. Received fi-orn the House of Commons, an engrossed hill to in- corjxn-ate the Trustees of the Bertie Union Academy ; which was read the iirst and second time, and passed. Received from the House of Commons, a messasê, a.^reeina; to ballot immediately, as proj)osed by the Senate, for a Brigadier-Ge- neral of the second brig-ade. in tlie eij^hth division of the militia, an(? stating that the name of Jolin J. Pasteur is added to the nomination ; and that Mr. Worth and Mr. Gary attend the Senate, as a committee, on the part of that House, to conduct the ballotintr. 1| Thereupon, Mr. Whitfield and Mr. Beasley v, ere 'appointed su- peiintendants of the balloting, on the part of the S<;nate, M{'. Cox, from the committee appointed to conduct the balloting for a Major-General of the fourth division of the militia, rej)orted that Michael M'Leary was duly elected ; wljich report was concurred in. Mr. Forney presented a bill to Incorporate the Lincoln Agricul- tural Society ; which was rvf\i} tiie fnst and second time, and passed; and the same being read tiie iLiid tiiae, was, On motioi! of Mr. Wellborn, referred to the committee on Agri- cultui'e. Mr. Gray presented the petition of Wîlliam Lyttle, of the State of Tennesse, praying that the purchase money which he has paid to the State of North-Carolina, for certain lands therein mentioned, may be refunded to him ; which was refened to the committee of

Claims ; and Mr. M'Doweli presented the petition of Elizabeth Wilkins, of Burke county, pi-aying to be divorced from her husband William ^Vilkins; which was referred to the conmsittee of Propositions and Grievances. The Senate adjourned until to-morrow morning, 10 o'clock.

Thursdaij, JYovember 27, 1823. The Senate met agreeably to adjournment. A message was sent to House of Commons, stating that the Se- nate have passed a bill making compensation to the Jurors of the

Superior and Counnty Courts of Tyrrell county ; also a bill to exempt certain citizens of Tyrrell county from public duty ; and also a bill to restore to credit John Clewis of Br«ns\\i;k couiity—in which they ask the concurj-ence of that House. Received from the House of Commons, a message, stating that they have appointed a committee to join t!ie committee appointed by : :

20 JOURNAL OF THE SENATE. the Senate to enquire into the expediency of amending tlie Judiciary system, so far as relates to the Circuit Courts of this State, consist- injij of Messrs. Stanly, Iredell, Strange, Tliomas N. Mann and Tay- lor. Received from the House of Commons, a message, stating that they have passed a bill concerning Michael llyuier, of Rowan county ; also a bill to repeal in part the fourth section of an act, passed by the General Assembly in the year 1806, page 1101, entitled " an act to revise the militia laws of this state, relative to tiie artillery companies of light infantry, grena,diers and riiiemen ;" also a bill to repeal an act, passed in the year 1822, entitled *' an act to alter the time of holding two of the Courts of Picas and Quarter Ses- sions for the county of Burke," and asking the concurrence of the Senate. '?^i' '

Thereupon, the said bills were severally read the fii'st time and passed ; and the bill first aboxementioned was. On motion of Mr. Forney, referred to the Committee of Proposi- tions and Grievances. The engrossed bill to incorporate the Trustees of the Bertie Union Academy, was read the third time and passed, and ot tiered to be enrolled. Mr. Forney, from the committee of Proj)ositions and Giievances, to whom was referred the petition of Elizabeth Barker of Randolj)!! county, made a repoi-t unfavourable to the prayer of the petitioner j which repoi't was concurred in. The following bills were presented, to wit By Mr. Sneed, a bill further to amend an act, fejititled " an act concerning pjoving wills and granting letters of administratioT), and to prevent fraud in the management of intestate's estates," passed in 1715. By Mr. Baker, a bill to authorise a certain number of the Justi- ces of the Peace for the county of Brunswick, to appiopriate the county moneys ; and. By Mr, Outlaw, a bill for the better regulation of the town of Windsor, in Bertie county, which were severally read the first time and passed. Mr. Wellborn presented the following resolution, to wit That the conimittee on Criinhial Law, be instructed to enquii'e into the expediency of repealing an act of the Genei'al Assembly passed in 1819, directing- the County Courts to pay fees to certain officers thercm named, in certain cases, with leave to report by bill or otherwise. Wiiich was agreed to.

Mr. Speight presented the following resolution :

Whereas a resolution was adopted at the last session of the General Assembl)'- of t'nis State, requiring the Board of Internal Improvement to dispose of one half, or any part of the services of the Civil Engineer, during the present yeai', to any of tlie ad- joming States, in such manner as might, m their opinion, best ;=uit the interest of the JOURNAL OF THE SENATE. 21

reasons yet State ; and whereas, it appears that the said board have (for unknown to the good people of the State) failed to comply with the requisitions of the said resolutions. Resolved, therefore. That the said Board of Internal Improvements, be, and they are hereby required to lay before this General Assembly, the reasons why tliey have not complied with the said resolution, and wliether or not it will be to tl)e Interest of the

State to retain the said Eng-ineer in the service of the State any long'cr ; and if retain- ed, whether it is not expedient to reduce his salary to a sura not exceeding- thousand dollars. Which, on motion uf Mr. Cameron, was ordered to lie on thg table. Mr. Snecd jiresented a bill to alter the names of Charles Alexan-

der Williams and others, and to legitimate them ; vvliich was read

the first time and ])a.ssed ; and. On motion of Mr. Sneed, was referred to the committee of Propo- sitions and Grievances. The hill tu anthorise a certain number of ti;e Justices of the Peace, for the county of Bi-unswick, to appropriate the county moneys, was read the second and third time and passed and ordered to be engrossed. The bill for the better regulation of the town of Windsor, in Ber- tie comity, was read the second time and passed. Mr. Martin presented the petition of sundry inhabitants of Row- an county, }>raying the repeal of an act for the removal of obstructions to tlie passage of li.sh up the Yadkin and Fedee river, so far as

the same relates to the south fork of the Yadkin ; and, Mr. Cameron presented the counter petition of Eliza Pearson and others, on llie same subject; which were referred to the Com- mittee of Propositions and Grievances. The Semite entered upon the orders of the day, and took into consideration the bill to consolidate and amend the several laws of

this State, relative to the processioning oHand ; when, On motion of Mr. Sneed, the same was referred tu a select com- mittc, consisting of Messrs. Sneed, Burges, Phifer, Love and Br-yan. Received from t!ie House of Commons, the resignations of James Marler, Major of the first regiment of militia of Burke county, and

Henry W. Garey, Major of militia of Northampton county ', which were endorsed in that House, read and accepted, and the same were severally read and accepted by the Setjate. The Senate adjourned to 10 o'clock to-morrow morning.

l*>iJ«7/, JVora/ikr 28, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, statkig that the Senate have passed a bill to authorise a certain number of the Jus- tices of the Peace, IV-i' the county of Brunswick, to appro])riate the county moneys, in \\hic!i they ask the concurrence of that House. 22 JOURNAL OF THE SENATE.

Mr. Pearsall presented the following resolution ;

Resolved, That a select committee be appointed to enquire into the expediency di alteriiicf tlie inspection laws of tliis State, and that they have leave to report by bill or otherwise. Which was a.greed to, and a committee was appointed consisting of Messt's. PeHfsall, Burges, Baker, Cox and Beasly. Mr. Burges presented the petition of sundry inhabitants of Hali- fax county, on the subject of building a toll-bridge over the Roan-

oke river, at the town of Halifax ; also a bill to carry the pi-ayer of the petitioners into effect, which bill was read the first time and passed. Mr. Graves presented the petition of Sarah Pennix of Surry county, praying that the properly she now has, or hereafter may acquire, be secured to her; which was referred to the Committee of Propositions atid Grievances. Oji motion, Mr. Cameron, the Senator from the county ot Orange, obtained leave of absence from the services of this House, from and after this day until Monday next.

Mr. Whitiield presented the following resolution : Resolved, That the Board of Internal Improvement, instruct our State Engineer to survey and lay off the way for a canal from the falls of Neuse river to Swift creek bridge, on any point on or near the sad creek or river, or any intersecting stream, and make out a plan and estimate of the probable cost, and the practicability of cutting the

same, and report to the n'-xt Genera! Assembly ; and to report the practicability and expense of rendering the river navigable by locks and dams, with the views of the En- g'ineer upon both projects.

Which, on motion of ^!r. M'Leod, was ordered to lie on the table. Mr. Bi-yan j)resented a bill to amend an act. entitled "An act to provide for cliildi-en born after tiie making of their pai'ents' will,"

which was read the first time and i)assed ; and, on motion of Mr.

Bt-yan, referred to a select committee ; which consists of Messrs. Bryan, Burges, Gibbs, Albritton, and Callaway.

Mr. Wilson presented tiie following resolution : That the committee of Claims take under their consideration certain claims of a portion of the militia of Carteret county, that were called into the service of the State, in the 3'ear 1821, agreeably to an act of Assembly in that case provided ; and that said committee report by bill or otherwise. Whicli was agreed to. Mr. Wilson presented the petition of John H. Hill. Colonel of the Carteret niilitia, piaying an allowance for services rendered in tlje year 1821, in a detachment of the militia of Carteret county, called out to suppress a number of slaves and free persons of colour, who were armed and travclliirg through the county, committing thefts and alarming the inhabitants: which was referred to the committee- of Claims. On motion of Mr. Love, a message was sent to the House of Com- mons, proposing to ballot at the meeting of the two Houses to-morrow morning, for a Treasurer, Comptroller, and Secretary of State. JOURNAL OF THE SENATE. 23

Hiid nominatinj^ John Haywood, for Treasurer, Joseph Hawkins, for Comptroller, and William Hill, for Secretary of State. Received frou) tlic Hcaise of Commons, a messai^efrom the Gover- nor, toi^cther with Kinidry documents on the claim of Mr. Appleton, American Consul at Le.^hoi*n. Accompaiiyinp; whif^h, is a messa,i:jc from the House of Commons, proposini^ that tlie same be referred to a select committee, consisting on the part of that House, of Messrs. Fisher, Mebane, Slanly, Alstt»n au

agreed to ; and Messrs. Burges, H itch, of Jones, Martin, Sneed and Hill, of Stokes, were ap[»ointed the said committee on the part of the Senate. The engrossed bill, to repeal in part the fourth section of an act passed by tiie Genera! Assemljly in the year 1806, page 110 1, entitled "an act to revise the militia laws of t!iis state, relative to the artillery companies of lighf infantry, grenadiers and riflemen,", was read the second and tliird time and passed. On motion of Mr. Seawell, the same was amended, by striking

out the words, *'page 11©!" in ti»e title of the bill ; and a message was sent to the House of Commons, asking their concurrence in the said amendment. Received from the House of Comtnons, a message, proposing to ballot immediately for a Solicitor of the Sixth Judicial Circuit, and nominating for that appointment, Joseph Wilson and Hugh M. Stokes. The foregoing proposition being read, was not agreed to; and a message was sent to the House of Commons, stating that the Senate do not agree to ballot for a Solicitor of the Sixtii Judicial Circuitont

this day ; hut propose to ballot for that officer on Monday next, at the n>eeting of the two Houses. Received from tlic House of Commons, a message, agreeing to ballot for a Treasurer, Com])troiler of Public Accounts, and Secre- tary of State, at the time proposed by the Senate. The bill •' for the better regulation of the town of Windsor, m Bertie county,'* was read the third time and passed, and ordered to be engrossed. The bill further to amend an acf, entitled *' an act concerning proving wills and granting letters of administration, and to prevent frauds in the management of intestates' estates," passed in 1315, was read the second time, and the question on the passage of the said bill, was determined in the negaiive. The bill authorising the building of a toll-bridge, over Roanoke river, at the town of Halifax, and to incorporate a company for that purpose, was read the second time and passed. The certificate of the Court of Pleas and Quarter Sessions of War- ren county, in favour of Hai-ris, wido.v of [ Elzahelh Burwell Har- ris, a soldier in the Revolutionary v\aij was returned fioiu the House :

24 JOURNAL OF THE SENATE.

of Commons, endorsed " read and countersigned the 0\ by Speaker | that Iloii'^e." The following bills were presented, to-wit By Mr. SeawcU, " a tiill to regulate the practice in the several Courts of Equity in this State." / By Mr. Pliifer, ** a bill directing in what manner the laws of our sister states shall be received in evidence in this State ;" and By Mr. Ilarrell, a bill to repeal an act i)assed in tlie year 1822, entitled " an act to encourage the apprehension of runaway slaves in the Great Dismal Swam])," which bills were severally read the first time and passed, and made tiie oi'der of the day for to-morrow. Received from tiie House of Commons, a message, stating that they have passed a bill for the relief of Edward Owen, of Person county, and asking the concurrence of the Senate. Theieujmn, the sjaid bill was read the first time and passed. The Senate adjourned until to-morrow morning, 10 o'clock.

Saturday^ JVovember 29. 1823. The Senate met agreeably to adjournment. A message was sent to tiie House of Commons, stating that the Senate have passed a hill for the bettei* regulation of the town- oi Windsor, in Bertie county, in which they ask the concurrence of that House. Mr. Forney, from tlie committee of Propositions and Gi'ievances, to whom was refetred an engrossed bill concerning Mic!iael Rymer, of Rowan county. re[)orfed the said bill without amendment. There- upon, the same was read the second time, and the question on the

passage of the said bill, was determined in the affirmative ; and On motion of Mr. Graves, the further consideration thereof was postponed until Monday next. Mr. Forney, from the committeejjjf) whom was referred the petition of Elizabeth Wilkins, »»f Burke county, reported a bill to divorce Elizabeth Wilkins, of Burke county, from her husband Wil-

liam Wilkins ; which was read the first time and passed. Received from the House of Commons, a message, stating that Mr. Ward and Mr. Henderson attend the Senate as a committee on the part of that House, to superintend the balloting for a Treasurer,

Comptroller of the public accounts and Secretary of State ; and Thereupon, Mr. Legrand and Mr. Bullock were appointed superintendants of the balloting, on the part of the Senate. Received from the House of Commons, a message, proposing to ballot immediately for a Governor of the State for the ensuing year, and nominating for that appointment. His Excellency Gabriel

Holmes, which proposition was agreed to ; and Mr. Williams and Mr. Alexander, were appointed superintendants of the balloting or, the part of the Senptte. JOURNAL OF THE SENATE. 25

Received from the House of Commons, a messa,e;e, proposinj^ that a joint select committee be api)ointed, to be styled " a Committee of Supei'intendants of Public Buildint^s, and the ex[)enditure of appro- priations thereon," and appointin^^ on the part of that House, Messrs.

Taylor, Clancy, M'Lean, Sellers and Martin, of Rockin^^ham ; which proposition was agreed to : and the said committee on the part of the Senate, consists of Messrs. Cox, Wall, Speight, Marsh and Marshall. On motion, Mr. Peebles, the Senator from the county of North- ampton, obtained leave of absence from the services of tliis House, from and after this day until Thursday next. Received from the House of Commons, a message, stating that Mr. Blackledge and Mv. Williamson, a>*e appointed a committee on the part of that House, to superintend the balloting for a Governor of this State for the ensuing year. Mr. Hill, of Franklin, to whom was referred the resolution of the Senate of the26th inst. relative to an amendment of the Judiciary, so far as regards the Circuit Courts, reported in part a bill to amend and extend an act passed in the year 1806, entitled " an act for the more convenient administration of justice within this state, by providing relief for the counties in which suits in their Superior Courts of Law and Courts of Equity have, or may so accumulate that they cannot be tried at the regular terms of those Cijurts,'* which was read the first time and passed. The bill authorising the building of a toll-bridge over Roanoke river, at the tosvn of Halifax, and to incorporate a company for that purpose, was read the third time and passed, & ordered to be engressed. Received from the House of Commons, a message, stating that they have appointed a committee to examine the Enrolled Bills, consisting of Messrs. Fisher, Henderson, Williamson and B!ackledge.| The bill for the relief of Edward Owen, of Person county, was read the second time ; and, on motion of Mr. Seawell, the further consideration thereof was postponed until Monday next. The following bills being oi-ders of the day, were read the second time, to-wit : A bill to regulate the practice in the several Courts of Equity in this State—A bill to repeal an act passed in the year 18'22, entitled " an act to encourage the aj)prehension of runaway slaves in the Great Dismal Swamp,"—and a bill directing in what manner the laws of our sister states shall be received in evidence in this State ; which bills severally passed the second reading, and the last mentioned bill was amended, on motion of Mr. Phifer, by filling up the blank in the second section, with the words " twenty cents for every copy sheet.^'

• The bill to divorce Elizabeth Wilkins from her husband William Wilkins, was read the second time, and the question on the passage of the said bill, was determined in the affirmative. The Senate adjourned until Monday morning 10 o'clock, 4 :

20 JOURNAL OF THE SENATE.

Jlnnday, December 1, 1823. The Senate met aj^s-eeably to adjournnifiu. A message was sent to tlie liouse of CoiirnoDS, stating that the Senate have passed a iiiil to authorise the building of a toil-hj-idge over Uoanoko river, af the tovMi of HaliCax, and to incorporate a

company for that piu'pose ; iti which they ask the concurrence of that liouse. Mr. Williams, from the committee appointed to conduct the balloting for a Goverjior ofi. this State for the ensuing year, I'eported that Gabriel Holmes, Esq. was duly elected, which icport was concurred in. Mr. Legrand, from tlie <^ommittee appointed to conduct the balloting for a Treastner, Comptrollei- of tlie Public Accounts, an«l Se* oretctry of State, )*ej»()rt<(l that John Haywood was duly elected Treasurer, .Joseph Hawkins, ComptroHer, an

House, which pro[)(>siti()n was agreed to ; and Mi*. Seawell and Mr Forney were appointed the ccmimittee on tiie part of the Senate* The following bills were presented, to-wit By Mr, Wellborn, a bill to amend an act, entitled "an act to extend and improve the two roads leading from Wilkesborough to the Tennessee line, so far as respects the appointment of commissioners and otiier purposes." By Mr. Wilson, a bill to exempt from taxation, Improvements

made on lands by the erection of salt works thereon ; and By Mr. M'Leod, a bill to repeal tlie latter claise of the 8th sec-

tion, and the whole of t!ie Oth, 1 0th and 11th sections of an act passed by thel ast General Ass 'mbly, entitled " an act to promote agriculture and family domestic manufactures within this state,*' and the whole of an act passed at the same time, supplemental to the afore- recited act, which bills were severally read the first time and pass-

ed ; and the bill last named, was, on motion of Mr. Forney, referred to the committee on Agiiculture. The bill directing in what manner the laws of our sister states shall be received in evidence in this state—the bill to rep'eal an act passed in the year 822. entitled " an act to encourage the a|)prehension of ininaway slaves in the Great Dismal Swamp"—tlie biilte : —

3ouitNAL or :rHE senail. '^-i. rei^ulate the piiictire \n the scvorul Courts of Equity in tills State And the bill to divorce Elizabctli Wilkins from licr husband Wm. Wilkijis, weve sc\ orally read the third time and passed, and ordered to be eni^rossed. The engrossed hill, for the relief of Edward Owen, of Person county, was read the second time. Mr. Seaweil moved to amend tlie same, by adding the following- section, to-wit

And he itfttrUief^ enacted, that «.ll and every person heretofore convicted of the crhnc of petit larceny in tiiiii stale, be and is hereby restored to credit, in the s:\me manner as if he, slie or they, hy.d never been conA'icted ofany crime whatever. ^Vhich was not agreed to. The Yeas and Nays on the adojjticn of the^aid amendment, being vefjuired by Mr. Speight, are as toilowso For the amendment, YEAS—Messrs. Seawcli and Forney—2. Against the amendment, ai-e NAYS—Messrs. Aibritton, Alexander, Baker, Brittahi, Bullock, Bryan, "Bethunfe," Burg'es, Bowers, Beasley, Calkway, Caldcleugh, Cameron, Cox, Devane, Frink, Flow- ers, Ferebee, Gibbs, Gray, Gavin, Gi-aves, Hatch, of Jones, Hatch, of Wayne, Hiil, oi Frankhn, Hill, of Stokes, Jackson, Love, Legrand, Marshall, M'Dowell, Marsh, M'- Leod, M'Leary, Mm'phey, Martin, Outlaw, Phifer, Perkins, Pearsall, Parker, Pool, Riddick, Shipman, Sneed, Speight, Sumner, Scales, Torrence, Vanhook, Vt'ilhams, Wibts-i,- Wurd, W^ll, a;id Wellborn—55.

The question then recurred on the passage of tlie said bill the second time, which was determined in tlie affirmative; and tlv^se- iipon the said bill was read the third time and passed and ordeivd to be enrolled. The engrossed biil concerning Michael Rymer of Rowan county, was read tlie third time and jiassed, and ordei'ed to be enrolled. Mr. "SYilliums presented the petition of sundry inhabitants of

Beaufort county, residing near RSount's creek, relative to fisheries : which was i-eferred to the CoJiuifittee of Propositions and Gi'ievances. The Senate entered on tiie order of the day, and the following' bill was read, to-wit: A biii to amend and extend an act passed in 1806, entitled" an act for the more converJ;ut administration of justice vvitliin this State, by providing relief for the counties in •which suits in their Superior Courts of Law ;uui Courts of Equity, have or niay so accumulate, that they catiuot be tried at the regular "terms of th:>se courts." Mr. Seaweil moved that the further consideration of the said bil! be [)ostponed until to-moriow, and that the same be printed, which

was agi-eed t<». Mr. Wellborn presented a bill to amend an act, enti^^ed ^* an act to appoint Commissioners to view asid lay off the road leading across the mountains, from thet-wvn of Milkesborough to Mrs. Bo-

gle's, Iredell county," which was read the fast time and passed ; and. On motion of Mr. Wellborn, was referred to the Committee on Internal Improvement. 28 .lOUllNAL OF THE SENATE.

On motion of Mr. ^Si'Dowell, the bill to repeal an act passed in the year 1822, entitled " an act to alter the time of holdina: two of the Courts of Fleas and Quarter Sessions of the county of Burke/'

was referred to a select committee ^ which committee consists of Messrs. M'Dovvell, Forney, Gi*aves, Frink and Bowers. Mr. Hill of Stokes, presented a bill to legitimate and alter the

name of Sally Smith, of Stokes county ; and, Mr. Martin presented a hill to compel an executor or executrix, to give security in certain cases; which were severally read the first time and passed, and the last mentioned bill was, On motion of Mr. Sneed, referred to the Committee on Criminal Law. Mr. Hill of Stokes, presented the resignation of Michael M'Leary, Brigadier General of the IJth brigade of the militia of this State, ^ which was read and accepted and sent to the House of Commons. Received from tlie House of Commons, the resignation of Rich- ard Russell of Warren county, D. Patterson of Orange county, and Isaac Williams of Johnston county. Justices of the Peace; also the resign.^tion of Jan)es Scotten, as Lieutenant Colonel of the

second regiment of militia of Randolph county ; which were endor- vsed in that House, read and accepted, and the same were read and accepted by the Senate. The Senate adjourned to 10 o'clock to- morrow morning.

Tuesday, December 2, 1823. ^' The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that the Senate have passed a bill to repeal an act passed in tiie year 1822, entitled " an act to encourage the apj)rehension of runaway slaves in the Great Dismal Swamp ;" a bill to regulate the practice in the several Courts of Equity in this State; a bill directing in what manner the laws of our sister States shall be received in evidence in this State; and a bill to divorce Elizabeth Wilkins, of the county of Burke, from her husband William Wilkins, in which they ask the concurrence of that House. Received fi-om the House of Commons, a message, proposing to ballot immediately for a Solicitor of the sixth Judicial Circuit, and stating that the name of Hugh M. Stokes is withdrawn from the

nomination, which proposition was agreed to ; and Mr. Forney and Mr. Outlaw were appointed superintendants of the balloting on thp part of the Senate. Mr. Forney, from the committee appointed to wait on Gabriel Holmes, Esquire, and inform him of his election to the office of Go- vernor of this State, and to know of him when he will attend to take the oaths prescribed by law, reported that they are authorised to state that he will attend for that purpose in the Hall of the House of Commons, at 12 o'clock on Saturday next. . |

JOURNAL OF THE SENATE. 29

Received from the House of Commons, a messat^c, statin.^ that Mr. Clancy and Mr. St-llers are appointed a ronimittee on the part of that House, to receive the ballots for a Solicitor of the sixth Ju- dicial Circuit. Mr. M'Dowell from the Select Committee, to whom was referred the bill to repeal an act passed in the year 1822, entitled " an act to alter the time of holding- two of the Courts of Pleas and Quarter Sessions of the county of Burke," reported the same, with an amend- ^ment to strike out the word •' hyo," and insert *'oue," in the title of

the bill ; which amendment was ai^reed to, and the said bill was thereuj/on, read the second time and passed. Mr. Bryan, from the Select Committee, to whom was referred the bill to amend an act, entitled " an act to provide for children born after the making of their parents will," reported the said bill with an amendment, recommending that the whole be stricken oiit except the words " a hiiW^ and substituting the amendment accompanying

the same ; which was agreed to.

Ml". Wellborn presented the following resolution : Resolved, That the Committee on the Judiciary be instructed to examine and report

to this House, the expediency of so altering' the present Law, that a ca. s '. shall not issue against the body of any person while he is possessed of real or personal estate sufficient to satisfy the plaintiiT's demand, and report by bill or otherwise, Wiiich was, on rijotiun of Zvlr. Wellborn, referred to the Commit- tee on Criminal Law. Mr. Forney, from the Committee of Propositions and Grievances, to whom was referred tiie petition of William Welsh and others, of

the county of Stokes, praying for authority to cr^ct gates ; reported a bill empowering the Courts of Fleas and Quarter Sessions to grant leave for the erection of gates across jjtiblic roads in their respective counties, which was read tlie first time and passed. Mr. Forney, fiom the same committee, to whom was referred the petition of Joseph Byers of iredeil couuty, praying authority to erect a gate on a road therein mentioned free fri)!ii the payment of a tax /for the same, made a repctrt unfavorable to the prayer of. the petitioner, which was concuired in. Mr. Forney, from the committee apjiointed to conduct the balloting for a Solicitor in the sixth Judicial Circuit, reported that Jo-

, seph Wilson was duly elected; wiiich re{)ort was concurred in. Received, from tiie House of Commons, a message, proposing to ballot immediately for a Public Printer for the ensuing year, and' stating that the names of Bt>ll & Lawrence aie added to the nomi-

nation ; which proposition was agreed to by tiie Senate. Received from the House of Commons, a message, proposing to ballot immediately for a Brigadier-General of tlie 17th brigade of the . militia, and stating the name of Heniy Blount is in nomination which proposition was agreed to, and Mr. Speight and Mr. Beaslej were appointed superintendants of the' balloting on the part of the Senate. 30 JOUJRMAL OF THE SENATE.

Mr. Cainoron, from the Committee on Iiiteinal Improvement, to uhom was i-eferred a bil! to authorise tiic making of a turnpike road from Ashville, by the Warm Spriugs, to the Tennessee line, and to incorporate a company for that [impose, reported the said

bill with sundry amendments, which were agreed to ; and the same being read. On motion of Mr. Love, the further consideration thereof was postponed imtil Tiiuisday next. Received Irom the Etouse of Commons, a message, stating that I Mr. Williaofson and Ilr. Croom attend tlie Senite as superintendants of the haUoting for a Brigadier-General of the I'th brigade of militia, on the part of that House. Received from the Bouse of Commons, a message, stating that they have {)assed a bill to incorpsirate a -Light Infantry Company in

tiie towrt of Edenion ; and a bill to emancipate Sally Zimmerman, a slave belonging to the estate of Andrew Ca!d(Ieugh,dec'd, of Row- an county, and asking the concurrence of the Senate. Theieupon, the bill fiist abovementioned was read the first time and passed, and tlie same being read the sec(Mi

tion, resolved by the Senate, that this bill shall not pass ; and the last mentioned bill was i-ead the first, second and third times and passed, and ordered to be enrolled. Tiie Senate entered uj)on the orders of ti^^ d,\v,^|jji> tlie foiloM'ing

bills were read, to-wit : A bill to exempt frouf ISS^tion imprc.e-

mients made on lando, by tlie erection of salt-works the^tvon ; a...! w bill to nniend an act, entitled »* an act to extend and improve the two roads leading -iVom Wilkesborough to the Tennessee line," so far as

resj)ects the ap.pointment of comniisfjio-uers, and other purposes ;

"^vliich bills severally passed the second time ; and the last mentioned bill was amended, on nvotion of Mr. Callaway, by adding the following pro\ision, to-wit: Provided always, that nothing herein contained simll affect or rej)cal any act of the last General Assembly, so >far as respects the great State Road leading from Wilkesborough to the Tennessee line, by way of the town of Jefferson. The Senate continued on the ordeis of the day, when the follow-

ing bill was read, to-wit : A bill to amend and extend an act, passed in the year 1806, entitled •• an act fur the more convenient administration of justice within tliis State, by [>roviding relief for the counties in which suits in their Superior Courts of Law and Courts ot Equity have, or may so aci^umulate that they caimotbe tried at their regular terms of those Courts.'^ Mr. Seaweil moved an amendment, by adding the following as the

seventh section, to-wit : " And be it further enacted. That whenever any Judge of the Superior Courts of/ this State shall, through sickness or other accident, be unable to hold any of the Courts within the circuit he is appointed to preside, it shall be the duty of such Judge to appoint some convenient tijne, in recess of the Courts, in such circuit, for holding Courts

i :

JOURNAL OF THE SENATE. M

In such cniinties as the said .Tiidg;c was prevented from holding' at the regular tenns ;

and the said Judg-c sli ill cause public notification thereof ; and the Clerks of the In-

ferior Courts respect. VI 1}-, vmder tlie superintcndance of tJiree Justices of the Peace, shall draw the necessary miniber of Jurors, who shall, on tlie proper certificate of the

Clerk, Ije sunnnnncd io attend according-ly : And the teiTns of such (Courts, so appolnt- od, sliall i)e held by the said ,fudg*e, who shall, as to all matters, civil and criminal, have and possess the same jurisdiction, in all respects, as if such term had been a regular term of sncii Courts, or appointed by law." Which amendment was agreed to. Mr. Camci'on moved fmther to amfnd the said bill by inserting

the following, as the ei.a^hth section : " And be it further enacted bif the nutlwrity nf the same. That all juries and witnesses duly summoned and attending the Courts authorised by this act, shall receive the? same compensation, and be subject to the same penalties for not attending- the said Courts, as are now by law allowed or incurredjbr attending or not attending the regu- Jar terms of the Superior Courts of Law." Which amendment was asjreed to. Thcreupo:*, tlie said bill, on motion of Mr. Sneed, was committed to a committee of the whole, and made the order of the day for Thursday next. Received fi'om the Hnuso of Commons, a messa.i^, stating their eonciirrcnce in the amendment made by the Senate to tiie bill to repeal in !)art tlie 4tii section of an act, passed by the General Assembly m the year 1806. page 1101, entitled *^* an act to revise the militia laws of this state, rehitive to the artillery companies of light infantry, grenadiers and ri^emen." Thereupon, the said bill was ordered to be enrolled. Received from the liunse of Commons, a message, stating that Mr. Pugh and Mr. Barrow attend the Senate as a committee on the part of that Kouse to superintend the balloting for Public Printer for the ensuing year. Thereupon, Mr. Graves and Mr. Alexander Were appointetl superintendants of the balloting, on the part of the Senate. The bill to legitimate and alter the name of Sally Smith, of Stokes^ county, was read the second time and passed, Tiie following bills were presented, to-wit By Mr. Cameron, a bill to amend an act, passed in 1818, entitled *' an act concerning the Siipre:ne Coutts." By Mr. Hill, of Franklin, a bill for the relief of Jordan Denson*

late Sheriff of Franklin ; and By Mr. Callaway, a bill to alter and amend tbelaws now in force relative to the Supreme Courts of North-Carolina.

Whicii bills wei-e severally read the first time and passed ; and the last mentioned bill was. On motion of Mr. Callaway, referred to the Committee on Crimi- nal Law, Received from the H(Mise of Commons, the resigtiation^ of M. Fetfaway, Lieutenant-Colonel of tiie Ot!sl;^\^ 'uii^Ki, and Jihn M, Bryan, Lieuteiiant-Coionel of the Craven militia, winch were e)»-

i 32 JOURNAL OP THE SENATE.

dorsed in that House, read and accepted ,•" and the same were read and a(Cf()ted by the Senate. The Senate adjourned until to-moprow morning, 10 o'clock.

Wednesday, December 3, 1823. The Senate met aj^reeably to adjournment. Ml". Graves, from the committee appointed to conduct the ballot* ing for a Public Trinter, for the ensuing year, reported that Joseph Gales & Son were (Uily elected; which report was concuired in. Mr. Beasley, from the committee appointed to conduct the balloting for a Brigadier-General of the 17th brigade of the militia of this

State, reported tliat Henry Blount was duly elected j which report was concurred in. Received from the House of Commons, a message, proposing to ballot at the meeting of the two Houses, to-morrow morning, for a Brigadier Geneial of the sixth brigade and thii-d division of the

militia of this State ; which proposition was agiecd to. Received from the House of Commons, a message, stating that

they have parsed a bill incorporating Morganton Academy ; a bill to incor])orate tiie Sandy Creek Library Society; a bill for the

better regulation of Statesville, in Iredell county ; a bill to amend an act passed in the year 1822, entitled '* an act supplemental to an act passed in the year 1784, entitled an act to appoint Commission- ers, and to establish the town of Morganton, in Burke county, and for other purposes;" a bill to repeal the 5tb and 6th sections of an act passed in the year 1820, entitled *' an act concerning the marriage of Infant Females,'* and a resolution in favour of Arthur

Hutchins ; whicli bills and resolution weie severally read the first time and passed by the Senate, and the said resolution was ordered to be enrolled.

Mr. Bowers presented the following resolution : Jiesolvecl, That a select committee be appointed to enquire into the expediency of reducing the tax laid on trading' vessels, on navigable streams, and that tliey have leave report to by biU or otherwise ; And the same being read was amended on motion of Mr. Well- born, by inserting the words " and on Fedlars,'' after the word *' streams.'* On motion of Mr. Cameron, the same was further amended by striking out the words '* o select committee be appointed" and inserting the words " the committee of Finance be instructed,''^ which resolution as amended was agreed to. Mr. Forney, from the Committee of Propositions and Gi-ievances, to whom was referred the petition of Wm. Deloatch of Northamp- ton cousity, reported the following resolution, to-wit: Mesolved, That the prayer of the petitioner ought to be granted. Which was concurred in. Mr. Forney from the same committee, to whom was referred a| bill to alter the names of Charles Alexander Williams and others, JOURNAL OF THE SENATE. 33

to and lop;imate thnn, reported the said bill witlioiit amendment j and tliei'(Hij)oii the same was I'ead the sce«)nd time and passed. Mr. Maitin, from the Committee on Criminal Law, to wiiom was referred li>e bill to compel an exeeiitor or an exerutiix to t^ive security in certain cases, reported ihc said bill with sundry amendments which were agreed to; and, On motion of Mr. Sneed, the same was ordered to be printed. Mr. Martin, from tiie same commiltee, to whom was referred the petition of Amos Harmon and others, of Wilkes county, reported a bill for tlie relief of first i Amos Harmon, which was read the time and passed. ^ The cn.s^rossed bill to repeal an act passed in the year 1822, entitled " An act to alter the time of holdinj^ two of the Courts of Pleas and Quarter Sessions of the county of Burke, was read the third time and passed with an amendment to st!'lkc out •* txvo,** and insert *' one,'' in the title of the bill, and a message was sent to the House of Commons asking their concurrence. The Senate entered on the orders of the day, and the bill to amend an act, entitled " An act to provide for children born after tlie ma- [king of their parents will," was read. Mr. inserting in the sixth line , Bryan moved an amendment by of the first section, after the word " execnior," tlie \Aords " executrix or administrator^ wii/i the will annexed,'" wiiich amendment v^as agreed

to ; and the question on the passage of the said bill the second time, was determined in the affirmative. The bill for tlie relief of Jordan Denson, late Shes'ifF of Franklin, was read the second and third times and passed, and amended on

motion of Mr. Seawell, by inserting the following : Provided nevertheless, That no collection of taxes shall be made under this act, from the estates of persons who have died since the said taxes are due, or from such persons as have moved from the county, or as will make affidavit that tiiey have paid said taxes and lost their receipts. • Thereupon the said bill was ordered to be engrossed.

Mr. FeR'sall presented the following n solution :

Whereas, many of the g-ood citizens of this State, sustain great inconvenience and injury from liberties given to slaves on days of musters and elections, within the several counties of this State, to attend tlie same—therefore, Jiesoh'-d, That the Committee of Propositions and Grievances, be instructed to enquire into the expediency of passing an act to prevent all slaves from attending mus-

te"^ and elections in this State, under proper restrictions ; and that they report by bill or otlierwise. V* hiclj was agreed to. The bill empowei'ing the Courts of Pleas and Quarter Sessions, to grant leave for the erection of gates across public roads in their ^respective counties, was read the second tiuie. Mr. Forney moved to amend the same by striking out the words

I "public uiconveuience. or an injury to any individual ," which was not agreed to. 5 :

^4 JOUllNAJ- OF THE SENATE.

Ml'. Hatch of Jones, moved to atnend the said bill by insertins; i the l()l!(^^^illi5, to-\vit PrnvidctI, That iiothlii!^ herein contained sh.iUl extend to the county of Jones. Ai;d 31 r. Callaway moved that the bill and aaieiidmcnt be indtfi-

)iitcly postponed ; uud tlic ({'icstion thereon was determined in Ww 1 afiiiiuative.

jlcreived fi'om titc House of C()nimons, a message, agreeing to j the amendment made by the Senate to the engrossed bilj, to repeal 1 " an act ])assed iji the year 1822. entitled An act to altei* the time , of holding two of tlie Courts of Pleas and Quarter Sessions of the *| county of Burke ,• thereuj)on the said bill was ordered to be enrolled, i Mr. Sea well |>resented a bill to repeal so much of the several ] acts of Assembly \n this State, as retpiires persons who com]dain of i injury done to the hcailli of tlieir families, to petition to the County

Courts; and a bill to amend the militia laws of this Sta^ j which were severally read the first time and j)assed, and the last mentioned bill was, On motion of Mv. Scaw ell, referred to the committee on the militia. The bill to ameiid an act, entitled ** An act to extend and improve the two j'oads leading from V* ilkesborough to the Tennessee line," so tar as respects the appointruent of Commissioners, and for other pui'poses; t!ie bill to legitimate and alter the name of Sally Smith of Stokes county ; and the bill t

The following engrossed bills, to-wit : a bill to amend an act passed in the year 1822, entitled "An act supplemental to an act passed in the year 1784, entitled an act to a|>point Commissioners, and to establish the town of Moiganton, in Burke county, and for other purposes ;" a bill for the better regulation of the town of Statesville, in Iredell county; a bill to incorpoi-ate Sandy Creek

Library Society ; and a bill incorporating Morganton Academy, were sevei-ally read the second time and passed.

Mr. Bryan presented the following resolution : JResolveil, That tlie comrnilt^e of tlie whole House, to whom was committed a hi)] to amend the act of 1806, for tlie more convenient administration of 'justice, be instructed to enquLi'e into tlie expediency of dlvidinii;- the sto.te into districts, composed] of two cr more counties each, for the purpose of holding' a Superior Couit of Law and]

Equity in each of said districts, at some convenient place therein ; and that the}- report thereon.

^Miich was agreed to. . ^I'he bill foi' the iclicf of Amos Harmon was read tlie second timej and passed. The Senate adjourned to 10 o'clock to-morrow morning.

Thursday i December 4, . 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that i\it\ Senate have passed a bill to amend an act, entitled " aii act to ex JOUUNAL OF THE SENATE. 35 k'lul and improve the two roads leading from Wilkesborongli to the Tennessee line," so Wxv as respects the appoiiifmjMit of" commissioners, and for other purposes; a bill to exempt from taxation improvements made on lands by the erection of salt-\V(>rivs thereon ; a bill foi- the relief of Jordan Denson, late Sheriff of Fi'ankiin ; and a bill to leg'itimate and alter the name of Sally Saiith, of Stokes county-;— in which tliey ask the concurrence of that Mouse. Ml". Foi-ney, fi'om the Committee of Froj)Ositions and Grievances, to whom was referred the petition of Jane We]!'»orn, of Randolpii county, reported a bill securing to Jane Weliborn the properiy she may hei-eafter acquire ; whicii was read the first tiuie and passed. Mr. Wellborn presented the petition of sundry inhabitasits of Wilkes county, praying authority to raise a volusiteer company of riflemen ; wliich was referred to the Committee on the Militia.

Tiie following engrossed bills, to-wit : a bill to amend an act, ])assed in the ycni- 1822, entitled "an act supplemental to an act, passed in the year 1784, entitled an act to appoint cosifinissioners and to esta!)lish the town of Morganton, in Burke county, and i'-ov other purposes ;" a bill for the better regulation of the town of

Statesville, in Iredell county ; a bill incorporating Moi-ganion Aca- deniy j and a bill to incorporate Sandy Creek Library S<*cicty, were sevci*al!y read the tliird time and j)assed, and ordered to be enrolled. Tiie bill to ansend an act, esititied " an act to provide for children Lorn after tlie making of their parent's will, was read the third tiiKC and amended, on motion of Mr. Seawell, by iiLserting the woi'd *^ de- vised"" in the foui'th line of the third section ; and the question on the ])assagc of the said bill, was determined in tlie atlirmativc. Tlierc- upon, tlie same was ordered to be engrossed. Recei^e(i froir. the House of Commons, a message, stating that Mr. Fox and Mv. Thompson attend the Senate as a committee on t!ie part of that Hoiise, to conduct the balloting for a Bi-igadier-Ge- neral of the sixth bs-igade and third division of the militia of titis State. Tiicreupon, Mr. llrlttain av;d Mr. M'Leod were appointed superintcndants of the balloting, (sn the part of the Senate. The bill for- the relief of Amos Harmon, \vas read tije tSiird time and passed, and ordered to be engrossed. Received from the House of Commons, a niessage, stating that tliey have passed a bill to authorise Thomahs lj<)\e, of Haywood county, administrator of Robei-t Love, jun'r deceased, to remove off a certain building erected on tiie four hundred acres of public land in the Cherokee Purchase, reserved for the fiituj-e disposition of the Legislature; a bill to repeal an act, passed in the year 18£2, entitled '•' an act directing tfie time and place of selling lands and slaves under execution, so far as respects t!ie counties of Perquimons, Pas- quotank and Camden ;" a bill i'oi- ttie better i-eguiation of elections in Guilford county ; a bill to amend an act^ passed in 1819, entitled —

36 JOURNAL or THE SENATE.

** an act relative to the ai'^)i'ehensioM of runaway slaves ; ii bill for the relief of David Blaloci<, of Oraiigv county; a bill conceniing

the commissioners of the town of Greeiieviile, in Pilt county ; a bill to regjjlate the Courts of Pleas and Quarter Sessions in Ilicliuxnid

county ; a bill concerninj^ tlie public lands in tlic county of Hay-

wood ; a bill to amend the laws making piovision for widows; and a l»ill to amend an act, i>assed in the year 1777, entitled "ah act foi* appointing SheriiTs and directing their duty in ollice, and for obliging the late She/iflfs and (Joilcctors who are in arrears, to account for and pay the same, and for other purj)oscs ;" which bills were severally reafi the fu'st time and |)assed by the Senate. Mr. Bullock presented a bill to alter the name of Joseph Scott

and to legitimate him ; which was lead the first time and passed. Ti»e Senate entered upon the orders of the day, and the engrossed bill to repeal the iifth and sixth sections of an act, passed in the year 1820, entitled *' an act concerning the marriage of infant females,"^ being read the second time, it was resolved by the Senate, that this

bill shall not pass ; and the House of Commons was infoniicd thereof by message. ' The Senate continued on the orders of the day, and resolved itself into a comhiittec of tiie wlioh", Mr. Forney in the Chaii-, on the bill •• to amend and extend an act, passed in the year J 806, entitled an act for the more convenient admini'^tratinn of Justice witiiin this state, by providing relief foi- the counties in which suits in their Su- perior Courts of Law and Courts of Equity have, oj' may, so accumulate that they cannot be tried at the regular terms of those Courts ;" and alter some time spent therein, the committe rose, reported progress, and obtained leave to sit again. The Senate adjourned to 10 o'clock to-morrow' morning.

Friday^ December 5, 1 8£3. The Senate met agreeably to aujotirnnjeut. A jiiessage was sent to the House of Commons, stating that the Senate have passed a bill to amend an act, entitled " an act to pi-o-^ vide for ciiildren born after the making of their parent's will," pass-

ed in the year 1808 ; and a bill for tiie relief of Amos Hainian in which ti«ey ask the concurrence of that House. Mr. Brittain, (Von) the committee appointed to conduct the balloting for a Brigadier-General of the ssxth l)rigade and tlmtl divi-

sion of militia, reported that John J. Carrisigtun was duly elected ; which rej.'ort was concurred it).

The follow ingengi-ossed hills, to-wit : a bill to regulate the Courts

of Pleas and Quarter Sessions of Riciimoiul county ; a bill for the bettes- regulation of elections in Guilford county; and a bill concerning tiie comuiissioners of the town of Greencviiie, in Pitt county, were severally read the second time and passed. JOURNAL OF THK SENATE. ^ 37

Received from the House of Commons, a communication from the

Governor, ti'ansmittlng the annual return of the Adjutant-General ; uliicii, On motion of Mr. M'Leod, was referred, to.^eH»er wit!i the ac-

conipao} iiiJi; docmiients, to the Committee on the Militia. Received from tlie House of Commons, a messa£>,e, stating that thc,> have jjussed a resolution, directing- the Fuhlir Primer to attach to live litwsto 1)0 (Hihlished for the }'car 1823. the returns of the differ- ent Shcriiis and Clerks of this State agreeably to the Comptroller's

Report— iti which Wx^y ask the concurr-euce of tlie Senate. Thereupon, the said I't'soiution was read and amended, on motion of Mr. Fliifer, by sti'ikin,^' out tiie words *'f/?c returns of the differ- ent Sheriffs and Clerks of this State agreeably to the Comptroller''s Re- jmrt,'*" and inserting' tise words "• a statement of the nett amoiint of that part of the revenue of the State xvhichis receivable bij the Sheriffs and Clerks in the. several counties ;'"' and the question on the adoption of the said resolution was determined in the ardrinative, and a uies- sage was sent to tlie House of Commons, asking their concurrence in tiie amendment. On motion of Mr. Yfhitfield, the resolution submhted by him on the 28th ultimo, and subsequent!}' modified, was taken into consideration, and the same being i-ead, Mr. Hill, of Fiaukiiii, moved that

the same he iiidcfiiiitply poslpoiied ; whicli was not agreed to. 'Fho quebtioji then recun-ed on the adoption of the resolution, and the question thereon was determins d in tlie atlirmative. The bill to alter tlie name of Joseph Scott, and to legitimate him, \vas read the second time and passed. Mr. Wilson presented a bill to r-epeul an act, passed in the year 1814, entitled '* an act alh)wiHg compensation to the Sheriff, or re- tuiT.ing officer who shall hold the poll for the giection of members to repiesent the county of Carteret in tlje General Assembly, arid for mciubers of Coisgress. and lor Electors to vote for President and

\ice-Pi'esident of the United States ; w'hich was read the first time and passed. Mr. Pearsnll presented the resignation of B. Bourden, of Duplin county ; Mr. Vvdlborn presented the resignation of John Adams, of

^\iikes county. Justices of the Peace ; and Mr. P^l'Doweil presented the resignation of Bonjandn Burgin, Major of the third regiment of the Burke Miiitia ; wiiich were read and accepted liy the Senate. The Senate entei'ed upon [he oi'des-s of the day, and I'esolved itself into a commiitee td" the wiude, Mr. Forney in the Chair, on the uiid- nished business of yesterday, and resumed the coissidej-ation of t!ic bill to amend and extend an act, j)assed in the year 1806, entitled ** an act for the moiV. convenient .idsninistration of Justice within this State, by providing relief for the counties in whiciisnits in their Superior Courts of Law and Courts of Equity have, or may so ac- 38 JOURNAL OF THE SENATE. cumulate that they cannot be tried at the re.2;ular terms of those Courts ;" and after some time spent therein, the committee rose and veportod the said bill with an amendment, to strike out the first section thereof. Thereupon, The Senate adjourned until to-morrow morning, 10 o'clock.

* Saturday, December 6, 1823. The Senate met agreeably to adjournment. A message was sent to tlie House of Commons, stating that tht^ Senate have passed a resolution, requiring tlie Board f»f Internal Improvements, if they deem it exj)edient, to instruct our State Engi- neer to survey and lay off the route for a canal from sf)me point on Neuse river at or near Smithfield, to Swift Creek Bridge in Craven county, or any point on or near the said creek or river, or any tri- bntary streaut, 6cc. &c. in wiiich they ask the concurrence of that House. Mr. Wellborn presented the petition of sundry inhabitants of Wilkes county, on the subject of laying out a road passing by the Elk-spur of the Blue Ridge, which was referred to the committee on tntertial Improvements.

Mr. Boddie presented the following resolution :

Jlenolvcd, tiiat the Public Treasurer be authorised to pay to Samuel W. AY. Yick> sheriff of Nash county, the sum of eight dollars and sixty cents, for forty-three^^jinsol' vents for 1S32, and that he be allowed the same in the settlement of his pubhc ac" counts.

Wfiich passed the first time } and On motion of Mr. Boddie, was referred, togetiicr with the accompanying docunieiits, to the committee of ClaiEns. Mr. Seavveil, from the committee on the Cherokee Lands, reported a bill for the relief of such persons as became purchasers of the Cherokee lands sold under the authority of tiiis State, which was read the first time and passed. Received from the House of Commons, a message, stating that in consequence of tlie resignation of Wni. B. Lockiiart, the Clerk Assistant of that House, they have appointed Charles Manly to fill the vacancy.—Also, a message, stating that^'they isave rejected the engrossed bill for t!ie relief of x\mos Harmon—And also, a message, vStating that they do not concur ir» the amendment proposed by the Senate, to the engrossed resolution requiring the Public Printer to attach to the laws of 1823, the returns of the sheriffs and clerks in this State. Thereupon, On the motion of Mr. Forney, the Senate receded, from their amendment, and the said resolution was agreed to and ordered, to be enrolled.

The following engrossed bills, to- wit : A bill concerning the commissioners of the town of Greeneville. in Pitt county —A bill to alter the name of Joseph Scott and to legitimate him—And a bill for the JOURNAL OF THE SENATE. 39

better rei^ulation of elections in Guilford countj^ were severally read the third tiiiic ;iiid passed, and ordered to be enrolled. Mr. Cameron presented a bill conccrnin.i^ a ]i.a;ht infantry company in the town of Edenton, which was read the tirst time and passed. lieceived from the House of Commons, a message, proposing to appoint a joint ct)mmittec to wait on Bis Excellency the Governor, and to conduct him into the Commons Hall, for the purpose of his

qualification as Governor, for the ensuing year ; and stating that Mr. Mebane and Mr. R. H. Jones, form the said committee on the

part of that House, which proposition was agreed to ; and Mr. Sea- well and Mr. Foiney, were appointed the committee on the part of tiie Senate.

Tije following engrossed bills, to-wit : A bill to authorise Tho- mas Love, of Haywood county, administrator of Robert Love, jun. dec. to remove off a certain building, erected on the four luindred acres of public land in the Cherokee purchase, reserved foj- the future disposition of the Legislature—A bill concerning the public lands in the county of Haywood—A bill to amend an act passed in the year 1819, entitled an act relative to the apprehension of runaway slaves-—And a bill to repeal an act passed in the year 1822, entitled an act directing the time and place of selling lands and slaves under execution, so far as respects the counties of Perquimons, Pasquotaiik and Camden, were severally read the se-

cond time and passed ; and the last mentioned bill was amended by sorting the words " Randolph, Brunswick and Sampson," in the title of the bill, and also ti)e same words in the 6th line of the first section. The bill to repeal an act passed in the year 1814, entitled an act allowing compensation to the sheriff or returning officer who shall hold the poll for the election of members to represent the county of Carteret in the General Assembly, and for members of Congress, and for electors to vote for President and Vice-President of the Uni- ted States, was read the second time and passed. Mr. Hawkins presented the resignation of Ransom Walker, Lieu- tenant Colonel of the Militia of Warren county, which was read and accepted, and sent to the House of Commons. Received from the House of Commons, the resignation of Wm^

Benton, Major of the Militia ; and John McCallum, Justice of the

Peace of Montgomery county ; and the resignation of Wm M'Cain, Lieutenant Colonel of the Guilford Militia, which were severally endorsed in that House, " read and accepted."—And the same were also read and accepted by the Senate. Received from the House of Commons, a message, stating that the hour having arrived that the Governor intimated he w^^uJd attend the Legislature for the purpose of his qualification as Governor of the State for the ensuing year, the House of Commons is in readiness to receive the Senate on the occasion. —

40 JOURNAL or THE SENATK.

Thereupon, the two Houses convened in the Hall of the House of Commons, when the necessar-y oalhs prescii!)e(] by law, were admi- jiistercd to the Governor by the lion. Jolin L. 'J'aylor, Chief-Jus- tice of the Supreme Court of this State. After which, the Senate returned to their cliamber for the purpose of lei^islation. The Senate resumed the consideration of tl»e unfinisiiod business of yesterday, beiui:; t!ie report of the committee of the whole, on the the bill to amend and extend an act passed in the year 1806, entitled an act for the moi-e c<}nvcnient adnsinistration of justice within this state, by providini^ '-clief for tiie counties in which suits in their Su- pei'ior Courts of Law and Courts of Equity have or may so accumulate, that they cannot be tried at the reguhir terms of those Coui'ts, wit!) an amendment titereto, to strike out the first section of the bill, and the question on concurrinj^ in tlie report of the committee of the whole, was determined in the negative. TJic Senate having refused to strike out the first section, Mr. Martin moved to stiike out the whole of tiie said bill, except the first section, v;ith a view to amend tiie same. And Mr. Cameron moved to refer the bill to a seFect committee, which reference was agreed to, and the said committee consists of Messi's. Cameron, Martin, Seawell, Hill (if Franklin, and Wellborn.

The Senate continued on the orders of the day ; and the bill to authorise the niaking-ofa turjipike road from AsIunilJe by the Warm Springs to the TenncKsee line, and to incorj)os"ato a company for that purpose, was read the second time, and amended on motion of Mr. Brittain, by inserting, hi the 5th line of the 5th section, after the word " Jishroillc,'" the following, '* at wliich time and place there shall be annually an election of a Pi-esident and Directors,"

also to strike out the 7th section, and' insert the following :

And be it further enacted, that the said turnpike road hereby autho'.'ised, shall be made by the President and Directors thirty feet in width, clear of obstructions, except in such places as shall require the whole width to be made by side cutting-, where it

''i^hall be twenty feet wide ; and where it may be necessary to carry it around pi'ecipi- tous promontaries, it shall be ten feet wide, clear of all drains and breast works. The inclinations of said road shall not exceed from one foot perpendicular to ten feet hori-

zontal ; and recourse shall be had to this steepness as seldom as it shall be possible to avoid it. And so soon as the said road shall be completed as aforesaid, the President and Directors f hall give public notice thereof.

Also by adding a pioviso, *' that the said Com]>any shall not erect toll-gates on the said road, vvitliin seven miles of the town of Ashe- ville." The question tiien recui'red on the passage of the said bill the second time, wliich question was determined in the atlirmativci|.

The Senate continued on the orders of the day ; and the bill to com])el an executor or an executrix to give security in certain cases, was read the second time: Mr. Seawell moved to amend the same !}y inserting in the 11th line of the fir,st section, the words "and all others interest- :

JOURNAL OF THE SENATE. 41

cd as le.^atecs or disti-ibutees, who ai'e raiiioi's, femes covert, or re- side beyond the limits of the State," and in the 13th line, the words *' accordini^ to the provisions of his or her bond,"—Which amendments were agreed to. Mr. Martin moved to fui'ther amend the same, by addinji; in the 18th lijie thereof, the following;: " Who shall enler into bond with security in the same way, and be liable to the claims of creditors and all othei'S, in like manner as an administrator with the will annexed, is now I'equired to give bond and security, and is now liable to the claims of creditors and others ;" which was agieed to. Mr. Martin moved to further amend the said bill by inserting the following words in the 20th line, " or tiiat advertisement lias been made in the manner hereinafter prescribed^" wiiich v\as agreed to. Mr. Martin moved to further amend the same by inserting in the third line of the third section, after the word " ser\ed," the follow-

ing words : " and where it is stated in any petition on oath, that the defendant or defendants has or have removed from tliis State, or where a return ot noii est invenhis has been made by the i*eturning officer, any of the said Courts shall be authorised to order notice of said petition to be advertised in some newspaper, and upon such advertisement being made, any of the said Courts shall be authorised to proceed thereon, in tlse sanse way as if a copy of such petition had been served ;" svhich was agreed to. The question then recurred on the passage of the said bill, the second time, as amended, and the question thereon was determined in the affirmative. The Senate continued on the ordeis of the day, and the bill to amend the laws making provision for widows, was read" the second time. Mr. Martin moved to amend the same by inserting in the eleventh line of the first section, t!ie following words, after the word "furniture," "and such portion of the houseludd and kitchen furniture as in the opinion of the Commissioners appointed to lay off her year's provision, may be deemed necessary for* her comfort and conve- nience," and also the same words in the 17th line of the second sec-

tion ; which amendments were agreed to. Mr. Seawell moved to furtlier amend the same, by inserting an- other section in the following words, to wit

And be it further enacted, ThaX. whenever any widow of a deceased person shall file her petition for her j^ear's support, together with the articles allowed by this act, and '^ the same shall be granted, it shall not be lawful to tax any costs against such petitioner.

Which was agreed to. The question then recurred on the passage of. the said bill the second time, as amended, and the same was determined in the affirmative. The bill to repeal so much of the several acts of Assembly of this State, as requires persons who complain of injury done to the health 6 4*2 JOUllNAL Of THE SENATE. of their families, to petition to their County Courts, was read the second tinjc and passid. Received fron- the House of Coiamons, a message, stating that they !ia\c nassed a biii to anicnd an act, entitled '* An act tfj'extend ixmi imjtj'ove the two roads h'as!ing from ^Wikesbol•()ugh to the Teji- nessee line, so fur as respects the a})j)ointment of Commissioners, and for other purposes^" witli an aujendment to strike out the Nvord "five," in the fni^t line of tiie second sheet, and insert the word

"three," and asking tiie coricnrrence of the Senate ; wliich was rea4 i;nd agreed to, and sent to the House of Ct)nMn(>ris. The engrossed hii! to amend an act |)assed in the year 17^7, entitled *' An act for a})jK)inting Sheriiis and directing their duty in ofdcc, and for obliging the late Sheriffs and Collectors who arc in arreaj's, to account (nj- and pay the same, and for other j)urposes,'* was read the second time and i)assed. Mr. Seawell presented a bill to regulate the practice in the Cir- cuit Courts of this State, whicli was read the first time and passed. The Senate adjourned to 10 o'clock, to-morrow morning.

Monday. Decnnhcr 8, 1823. Tli^ Senate met agreeably to adjinii'nment. A message was sent to the House of Commons, gtating that the Senate have passed a hill to alter tiie name of J(jseph Scott and to legitimate him, in which they ask the concnri-eiice of that House. Received from the House of Ccnnnjons. the Report of the Board of I'iternal lm|)rovement, accompjuiying whicli is a message from that House, pi-oposii»g tiiat it be printed, four copies for each member f which proposition was agreed to, and a message was sent to the House of Commons, proposing that the Keport be referred to the committee of the two Houses, on Internal Impr(>vement. Recei\ed from the Hou^e of Commons, a nn\ssage, stating that they have ])assed a bill to secure the rights of landlos-ds against tenants, h(»!ding over after the cx[)iration of their terms ; which was reae fust time and passed. The biP to authoiiKc the making of a turnpike road from Ashe- ville, by the Warm Sprii gs, to the Tennessee line, and to incorporate a company for that [uirpose. was read the third time. Mr. Seawell mo\ed to amend the same in the 11th line of the 3d section, by insei-ting after the woi-d "State," the following: "And for the ]>aymejit (tf which the other subscribers of stock, shall be jointly and severally boutid in their i!idi\idual capacity." Mr. Cameron moved to amend the arnendmejit, by striking out so much thereof, as binds" t!ie other subscribers of stock jinntly and severally, in their indi\ iduai capacity, and to insert the words, ** the funds }ittd property -f ihe coiporalion hereby created, shall be lia^ ble j?' which was not agreed to. JOXrilNAL OF THE SENATE. 43

The qtiestioii then reciiiTcd on tlic adoption of the amendment offered by Mr. Beawell, and the same wasfletertnined in the aitinna* tive. On the adoption of this amendment, the yeas and nays were demanded by Mr. Williams, which were as follows: For the amendjueiit arc, YEAS—Messrs. Albritton, Baker, Bowers, Bodclie, Devane, Perebee, Flowei's, For- ney, Gibbs, Gray, Gavin, llarrcU, Hill, of Franklin, IMI, of Stokes, Hawkins, Hatch, of Wayne, Jackson, Marsh, M'Leod, M'Leary, Murphey, Outlaw, Phifcr, Perkins," PearsalJ, Parker, Peebles, Pool, Uiddick, Shipman, Speight, Seawell, Vanliook, Williams, Whitfield, Ward—36. Ai^ainst the amendment, arc NAYS—Messrs. Alexaiider, Brittain, Bullock, Bryan, Belhune, Burg-es, Beasley, Callaway, Caldcleugh, .Cameron, Cox, Friak, Graves, Hatch, of Jones, Love, Leg'rand, Marshall, M'Dowell, I^Iartin, Sneed, Sumner, Scales, Torrencc, Wall, Welloorn—2j. Mr. Love moved further to amend the said hill, by striking osit the word ''seven," and inses'tin^ ^*six," in the tiiird section, wliich was agreed to,* thereupon the same as amended, was read the tiiird time and passed, and ordered to be engrossed. The engrossed bill to amend the laws making provision for \vi~ xlows, was read the third time. Mr. M'Dowell moved to strike out the words " household," and, Mr. Hill of Franklin, meved that the said bill he referred to a

select committee, whicl) was agreed to j and the said committee consists wf Messrs. Hill oi' Franklin, Seawell, Martin, Bryan and M'Doweil. The bill to co.npal an executor or an executrix to give security iu certain cases, was read t!ie third time and amended, on mrjtion of

Mr. Martin, by adding the ^.fth section, to-wit : " And be it further eniicted, Taat the security taken under the authority of this act shall have relief ag-uinst th.e principal in like manner as the security of an administrator or executor, living- out of the State, now lias." Thereupon, tiie .said bill passed the third time, ajid was ordered

to. be engrossed. The bill concerning a light i'sfantry company, in the town of Eden- ton, was read the second tinir. Air. Riihlick moved to amend the same, J)y extendisig the j)rovisions thereof to a U.';iit infantry compa-

ny in tlie county of Pen;uimons ; and Mr. Hill, t.f Stokes, moved tliat the said bii', with the amf^iuhni'iU, be refei-rea to the Committee

on the Militia Laws ', whicli was ag."eed lo. The engrosH^Hl bill to repeal an act, passed in the year 1822, entitled *' an act (iirecting the time ant! place of selirng lands and slaves unik-r execution, so far as respects the counties of Ferquimons, Pas- fpiotank and Cauiden,*' was read the third time and amended, on wiotion of Mr. Cameron— to strike out ti>e words ijf the title, in the last line, after the word '* as," and iiisert •* reiates to certain counties therein named ;" and the said bill, as amended, passed the third time, and a message w^as sent to the House of Commons, asking their concurrence in the amendment. I 44 JOURNAL OF THE SENATE.

The bill to repeal so much of the scveial acts of Assembly of this State, as rc(j[uiies [lei'soiif who complain of injury done to the health of their families, to petition to the Count}' Courts, was read tiie third time. Mr. Hill, of Stokes, moved tliat the said bill be indefinitely postponed. There b* ing twenty-seven in the affirmative and twenty- six in the negative, tliereiqjon, tiic Speaker of the Senate voted in the negative, and the motion was lost. The question then recurred on the passage of the said bill tlie third time, and the question thereon was determined in the allirmative, and the said bill was ordeied to be engi'ossed. The bill to regulate the practice in the Circuit Courts of this State, was read the second time.—Mr. Camei-on mo\ed to aniend the same, by striking out the word " required," in the 8th line, and inserting the word *' authorised ;" which was not agreed to. Mr. Cameron then moved that the said bill lie on the table ; which was agreed to.

The following engrossed bills, (o-wit : a bill to authorise Thomas Lo\c, of Haywood county, administrator of Robert Love, jun'r, deceased, to remove oft' a certain building erected on the four bundled acres of public land in tlie Cherokee Purchase, reserved for the future disposition of the Legislattire j" a bill to amend an act, ])assed in the year 1777, entitled " an act for apjiointing Sheriffs and directing theii' duty in office, and for obliging the late Sheriffs asul Collectors w ho arc in arrears, to account for and i)ay the same, and

for other purposes;" a bill to amend an act, passed iti the year 1819. entitled " an act relating to the apprehension of runaway slaves;" and a bill coticerning the public land in the county of Haywqod, were severally read the tiiird time and passed, and ordered to be enrolled. Mr. Callaway presented a bill to repeal an act, passed in the year 1822, entitled " an act supplemental to an act, passed at the last session of the General Assembly, entitled an act to allow commissions

to constables iti the counties of Warreti. Northampton and Bruns- wick," so far as relates to the county of Ashe; which was read the first ti'.ne and passed. Mr. Ferebee jii-esented the resignation ef Thomas Jar vis, a Jus-

tice of the Peace of Curi'ituck county ; which w as read and accepted. The Senate adjourned to 10 o'clock to morrow morning.

Tuesday, December 9, 1823. The Senate met agreeably to adjournment. Ml'. Torrence presented the petition of sundry inhabitants of Ire- dell county, praying that the militia of said county be dixided into two regiments, accompaiiied with a bill to carry into effect the prayer

of the petitioners ; which biil was read the first time and passed j and. On motion of Mr. Torrence, were referred to the Committee on he Militia Laws. JOURNAL OF THE SENATE. 45

Mr. M'Leary presented the petition of Thomas Elliot, of Meck-

Icnlnii'.ii; count}', a pensioner of this State, prajin.ii; for an additional

allowance ; which was refeiTcd to the Conunittee of Propositions and Grievances. Mr. Love, from the committee of Claims, to whom was referred the |)e(ition of William Lyttle, of the state of Tennessee, reported

the roliowijtg res(dution : liesohedy That the Pubhc Treasurer be, and he is herebj^ cUrected to pay to Wil- liam Lyttlc, of tlie-county of Rutherford and State of Tennessee, the sum of three hundred and sixty-one pounds seven sliilHngs and sixpence, in remuneration for lands which the said William purchased in the county of Randolph and State ol Noitli-Caro- lina, as confiscated property, which have been recovered from him by a grant from the

State to Richard Sears ; and that the Treasurer be allowed for the same in the settlement of his public account. Which was read the first time and passed. Ml". Krittain presented tlie petition of James Kirkindale, on the

subject of a turnpike road ; which was referred to tiie Committee on Internal Improvement.

Mr. Peebles presented the followinaj resolution : lietohx'cJ, That William Drew, Esq. Attorney-General, be allovrcd the compensation fixed by law for the counties of Johnston, Warren, Halifax and Northampton, wli.'io! Courts of said counties he was, fiom severe illness, prevented from attending-. Which was read the first time and passed.

M:*. Gray presented the following resolution : Resolved, That the committee to wliom was refeiTed that part of the Governor's mcssag-e wliicli relates to the Criminal Law of this State, be instructed to enquire into

the expediency of establish'ng a Penitentiary in tliis State ; and whereas, it is be-, lieved that the monies paid by the several counties in this State, under existing laws, 'for tlie conviction and punishment of felons, would, in a few j^ears, amount to a sum sufficient to erect a V nitentiary, J?csoh:ed, That the said committee be instructed to adopt such measures as they may deem most advisable, for tlie purpose ot obtaining and laying before our next Le- gislature an estimate of the silms paid by the several counties in this State for the yeaz's 1822 and 1823, on cor.victions and punishments, under our present Criminal Code, Which was agreed to. A message was sent to the House of Commons, stating that the Senate have passed a bill to authorise the making of a turnpike road from Aslieviile, by the Warm Sj)rings, to the Tennesi^e line, and to

incorporate a company for that j)urpose ; a bill to repeal so much of the several acts of Assembly of this State as requires persons who conijjlain of injury done to the health of their families, to petitioji

to the County Court ; and a bill to compel an executor or executrix to give security in certain cases—in which they ask the concurrence of that H(»use. Mr. Parker presented a l)i!l to amend an act, passed in the year

1822, to limit the term of oliice of certain persons therein named ; which was read the first time and passed. Received from the House of Commons, a message, stating that they have passed a bill to add a part of Currituck county to the county of Hyde; and a resolution in favor of the Trustees of tiic Unl 46 JOURNAL OF THE SENATE.

versity. Tlicreupon, the said bill was read the first time and pass-

ed ; and t!ie resohition was adopted and onlei-ed to be em-olled. The Senate entered npon tl»e ordeis of the day, and the bill for the relief of such persons as became purchasers of the Cherokee lands sold under tlic authority of this State, was read the second tifne. Mr. Love moved that tiie further consideration of tlie said bill he postponed up.ti! Thursday next; whicli was agreed to; and,'^ On motion of Mr. Cameron, the same was ordere(l to be jjiinted. Tiie Senate continued on the orders of the day, and the bill to secure the rights of landlords against tenants holding over after the expiration of their terms, was read the second time and passed. The engrossed bill lo r-eguiate the Courts of Fleas and Quarter Sessions of Riclimond county, w:is read the third time and passed, and oi'dered to be enr'oHed. The bill to repeal an act, passed in the year 1822, entitled an act supplemental to an act, passed at the last session of the General x'Vs- scmbly, entitled *• an act to allow con^missions to constables in the counties of Warren, Northampton and Brunswick," so far as relates to the county of Ashe, was i*ead tlie second and third time and passed, and ordered to be engrossed. ,> Received from the House of Commons, the resignation of Alexan- der Nicholson, Colonel CoaMnandant of the militia of Richmond county, endorsed in that House, read and accepted ; which was also *'ead and accepted by the Senate. Tiie Seriate adjourned until to-morrow morning, 10 o'clock.

Weihiesday, December 10, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that tlie Senate have passed a bill to rejieal an act passed in the year 1822, entitled *' an act su[)j)lement;il to an act passed at the last session of the General Assembly, entitled '• aii act to allow commissions to constables in the counties of Warren, Northampton asid Brunswick,'* so far as relates to the county of Ashe, in which they ask the concurrence of that House. Mr. Legrand presented the j)etition of John C4iristian and Tho» Kirk, of the county of Montgomery, jiraying^the re]>cal or modifica- tion of an act passed at the hist session of the Genei-al Assembly, establishing a free fei'ry jn s,>i(i cauiity. Mr. Cameron presented the counter petition of Josiafi Turner and William Turner, of Orange county, remonstrating against the emancl])ation of certain slaves—which were severally referred to the committee of Propositions and Grievances. Mr. Cox presented the petition of sundi-y inhabitants of Washing- ton county, concerning the erection of the public buildings of said county at Plymouth—And also a bill to carry into eflect the prayer of the petitioners, which bill was read the first time and passed. JOURNAL OF THE SENATE. 4i

*"* Mr. liove. frotn the conimittoo of Claims, to vvlioni was fcfen-ed the petition ol" John H. Hill, Colonel of the Cai'tcret county militia,

reported the Collowing resolution :

Resolved, that the 'IVeiisnrer, Comptrolkr, and Scjcrctary of State, be and they ai-'^ hereby appoiiitt^d to audit and liquidate the claims oif the officers luul men composint-' a dehichinent of the militia of Carteret county, ordered out under the command of Col. John H. Hill, to suppress a number of slaves and free people of colour, collected totje- ther in amis in said county, in the year 1821, aMd to allow to each individual the sum to which they are entitled under the laws then in force. Resolved further, that when the claims aforesaid shall be thus liquidated, the Pub- lic Treasurer be and he is hereby directed to pay to each individual, their agent, or attorney, the sum thus allowed them respectively, and that he be allowed the same in the settlemevit of his accounts. Which was read the first time and passed.

Mr. Hg,tch, of Jones, presented the follow ini^ resolution : Resolved, that the Committee of Claims enquire into the propriety of allowing the claims of the militia of Jones county, for services in suppressing outrages of slaves and other persons of colour, in the year 1821. Which was agreed to. Mr. Pearsall, froai the committee appointed pursuant to a resolution of the Senate, dire( tin;^ an enquiry on the suhject of the inspection laws, i-eported a hill to amend the inspection laws of this state, so far as respects turpentine, which was read tlie first time and pas.sed. The resolution in favour of Wm. Drew, Esq. Attorney-General,, was read the second time, and (m motion^ it was resolved by the Senate, that the satne shall not pass. Received from tise House of Commons, a messa.<^e, stating their agreement that the Report of tlie Board of Internal improvement^^ be referred to tiie joint committee on Internal Im])rovement, as proposed by the Senate. And also, a message, stating that the House of Commons, accede to the amendments made by the Senate, in the- bill to re()eal aJt act passed in the year 1822, entitled an act directing the time and place of selling lands and slaves under execution^ so far as respects tlie counties of Pes'quimons, Pasquotank & Camden, Thereupon, the said bill was or-dered to be enrolled. Mr. Brittain pr-esented a bill for the regulation of the Courts of Pleas and Quarter Sessions of the county of Buncombe, which wa:- read the first time and passed. The Senate adjourned until to-morrow moaning, 10 o'clock.

Thursday^ December 11, 1823. The Senate met agreeably to adjournment. Mr. Boddie presented the petition of sundry inhabitants of the county of Nash, praying authority to remove certain public buildings in the town of Nashville, which was referred to the committee. «f Propositions and Grievances. 48 JOURNAL OF THE SENATE.

Mr. Sliced, from the select committee to \vl>om was referred the bill to consolidate and amend the se\ei'al laws of this stale, relative to the j)rocessioiiing- of 'land, reported the said bill with sundry a-

luendments, which were agreed to ; and thereupon, on motion of Mr. Siieed, the same was made the order of the day for Monday next. Mr. Forney, from ti»e committee of I'ropositions and Grievances, to whom was referred the petition of Sarah Pinnix, of Surry county,

reported the folio win"- resolution :

jResolved, that the prayer of the petitioner ought to be gi'anted. Which was agi'eed to. Mr. Cameron, IVom the select committee to whom was referred the bill to amend and extend an act passed in the year 1806, entitled an act for the more coin enient administi'ation of justice within this state, by jjroviding relief foi' the counties in which suits in their Su- perior Courts of Law and Courts of Equity, have or may so accumulate that they cannot be ti-ied at the rei»;ular terins of those Courts, reported the said bill with an amendment to strike out the whole of the bill to them referred, except the woids " a bill," and recommendin.a; t!ie adoption of the amejidment submitted, which was

agreed to ; and On moti()n of Mr. Phifer, the same was ordered to be printed, and made the order of the day forMonday next.

,' Mr. Phifer presented the foliowins; resolution : Resolved, that a message be sent to the House of Commons, proposing that Saturday evening next be set apart ibr the purpose of appointing Justices of the Peace and Mi- litia Officers; Which message was sent accordingly. Mr. Seawell presented the [)etition of Samuel Carpenter, praying for a military land warrant, foi* services rendered by Jonathan Cai'- pentcr in the revolutionary war, which was referred to the committee of Propositions and Grievances. The bill to repeal an act j)as8cd in the year 1814, entitled an act allowing compensation to the siierilf or returning officer, who shall hold the poll for the election of members to represent the county of Carteret in the General Assembly, and for members of Congress, and for electors to vote for a President and Vice-President of the U-

nited States, was read the thiid time ; and, on motion, it was resolved by the Senate, that tliis bill shall not pass. The bill for the regulation of the Ccmrts of Pleas and Quarter Ses- sions of the comity of lluncombe, was read the second time, and the question on the passage of the said bill, was determined in the atKr- mative. Mr. Wellborn presented a bill to ametul an act passed in the year .1795, entitled an act for appointing commissioners to fix on a proper place in the county of Wilkes, and to erect thereon, a court- house, prison and stocks. And : ;

JOURNAL OF THE SENATE. 49

Mr. Baker presented a bill to amend an act passed in the year 1813, entitled an act to exempt vessels, under sixty tons burden, entering; the river, |)ayin,4^ Cape-Fear (run piioti^e ; Wliicli bills were severalJy read the (irst time and passed. The Senate adjourned until to-morrow morning, 10 o'clock.

Friday, December 12, 1823. •* The Senate met a.^'reeably to adjournment. Mr. Forney, from the Committee of Propositions and Grievances? 4o whom was referred the petition of Thomas Elliott, of the county

of Mecklenburg, reported the following resolution :

Reaolved, tliat the Public Treasiuer be and he is hereby authorised to pay to Tho-

inas Elliott, of Mecklenburg county, who was placed on tlie pension ro 1 of this State in the year 1819, the further sum of twenty-five dollars annually, in addition to the sum now allowed by law.

Which was read the first time and passed. Mr. Williams presented the petition of sundry inhabitants of Long Acre District, in the county of Beaufort, praying an amendment to the act of 1820, foi- the better organization of the militia of Beaufort county, and a bill to carry the prayer of the petitioners into effect which bill was I'ead the first time and passed. Mr. Graves presented a bill to amend an act passed in 1821, entitled an act to com}>el the Clerks of the Superior and County Courts of Surry, to keep their olTice at the court-house in the town of Rock-

ford ; and Mr. Wall presented a bill to establish a ligiit infantry or

volunteer company in the county !»f Richmond ; which bills were severally read the fii-st time and passed. The engrossed bill ttKsecure the rights of landlords against tenants Iiolding after the expiration of their terms, was read the third time

and passed, with the following proviso, oflered by Mr. Seawell :

Proviued nevertheless, that it shall be competent for the defendant or tenant in pos- session, to rebut by his or her affidavit, the facts set forth in the affidavit offered on the part of the lessor of the Plaintiff, and the Court in such cases shall decide thereon, and may, in its discretion, allow the affidavits on either side to be corroborated by other affidavits, or evidence. And a message was sent to the House of Commons, asking their concurrence in the amendment. The bill to alter the names of Charles Alexander Williams and

others, and to legitimate them, was read the third time and passed ; and ame ded, on motioji of Mr. Forney, by adding the second section, to-wit

And be it further enacted. That the name of Elizabeth Wade of Northampton, county, be, and the same is hereby altered to that of Elizabeth Deloatch, and she is hereby legitimated and made capable to inherit and enjoy any estate, either real or personal, in as full and ample a manner as if she had been born in actual wedlock. Thereupon the said bill was ordered to be engrossed. 7 50 JOURNAL or THE SENATE.

The bill .sccui'iiia; to June WcMboi'n, of Randolph county, the property she may hereiiltor acquire, was read the third time and amended on motion of JMr. Forney, by cxtendini;,' the |)rovisions of tlic said hill to the relief of vSacali I'ennix, of Surry county; tliereupon the isaid hiil was passj-d and ordered to be C!);j;rosscd. Received from the flousc of Commons, a messae^e, pi-opi>sing that a Injlioting" take j'!;i'e tins niorrdn.:^-, for a Bri,u;adier-General of tlu; 11th brigade of the militia, and nominatina; for that ai)j)ointment

Thotnas G. Polk, JoSm N. Phifer and Jolsn Oarsman ; which proposition was a.i:;ieed to, and Mr. LM'Dowe!! and Mr. IJatch of Wayne, were ajjpointcd f^aperinteMdants of tiie bailoiini;- smi the part of tiie SiMKite, ani!l directin,^' a Court of Oyer and Terminer

lobe held for the county, of Vv'ake ; a resolution in favour of Job

5'0ri;-es, and a resfdution in favour of John S. Russwttrm ; and ask- 2i;^' the concurrence of the Senate.

T!:ereupon tlio '--.vid bii! was read the xHi-SL time and ])a.«sed. and the resolutions were scveially read and adf)j)tcd, and ordered to be enrolled.

The bill for the recjuliftiosi of the Courts (.f Pleas and Quarter -x\ssi(n!S of tiie county of Buncombe, was read tlic third tinic and passed, and orderetl to be engrossed. Received !Vi)m the House ui' Cornn^ons, a messai^e, statinji; that they have excused Mr. Fisher frosn servin.^ on the Committee oi Enrollment, and appointed Mr. Graham in his stead. The bill to amend an act passed in the year 1795, entitled •* an act for appointing Cominissiorjers lo fix (;n a proper j)lace in the county of Wilkes, and to erect thereon a Cocjrt-house, Prison, and Stocks," was read the second tinse and ])assed, and amended on mo-

tion of Mr. Wellborn, by ililing ujr the several blanks tliereln ; and tliereupon the said bill was read tiie tiiird tii«e and passed, and ordered to be engrossed. Mr. Hatch, of Wayne, from the committee appointed to conduct the balloting for a Brigadier-General of the 11th brigade, reported that n{5 person in nomiriation liad received a majority of the votes* The bill to anthuris-- tiie erection of the Public Buildings of Wash- ington county, at Pivniouth, was read the second and third times^ and passed, and ordered to be engrossed. 'The bill to amend an act passed in the year 1813, entitled "an act to exempt vessels under sixty tons burden, entering Cape Fear

River, from paying jiiiotage," was read the second time and passed j and.

On motion of Mr. Cos, tj-,e same was amended by adding the fol-

lowing provision : .fUUIiNAL 01' THE SENATM. 5i

PvoviJcJ, That this act bhall not apply to vcs4cls owned and commanded by any of the citizens of this State. Received fioin the House of Commons, a messa/^e, ])roposing that a biiHoliiig immctliatcly take j)Iace for a Bi-igadier-Geiieral of the 11th bi'is^ade of militia, and statint^ that tlie name of John Dari^'an is

Aviiiidrawn from tiie nonjination ; which proposition was agreed to, and Mr. Alexander and Mv. Lcgrafid were a^jpointetl snpei-intendants of the ballotinij on the part of the Senate. lleceixed from ti»e House of Commons, a message, stating their concuri'ence in the amendment made by the Senate to tlie bill to secure the rigiits of landloi'ds against tenants holding over aftei* the cxj)!- ration of their tcrnis j thereupon the said bill was ordered to be enrolled.

The bill to amend an act passed in tiic year 1821, entitled "an act to compel tlie Clerks of the Superior and County Courts of Sur- ry, to keep their office at the Court-House in the town of Rockford ;" a bill to amend an act passed in the year 1820, for the better oi-gan- ization of the militia of IJeaufort county ; a bill to establish a Ligiit

Infantry Coaijjany, in the county of Richmond | and a resolutiou in favour of Thomas Elliott of Mecklenbui-g county, were severally read the second arid third times, and passed and ordered to be cn- gi'ossed. The bill to amend an act passed in the year 1822, to limit the tei-m of office of certain jiersmis therein named, was read the second time, and it was resolved by the Senate tirat this bill shall not pass. Received fi om the House of Commons, a message, stating that Mr. Ijain and Mr. Lasnon, attend the Senate as superintendants of tiie balloting for a Erigadier-Genera! of the lltli brigade of militia. The engrossed bill to a a gate across the road in Rowan county ; which was read tlie iirst time and jiassed. Receiveii from the House of Commons, tiie resignations of David M'Cracken of Randolph county, and A. Carraway of Anson county, Justices of the Peace, and Shubal Gardtu r, Colonel Commandant of the Cavalry attached to the 6th brigade of tiie militia ; which were endorsed in that House, read and acrepTed, and the same were severally read and accepted by the Senate. The Senate adjourned to 10 o'clock to-inonuw morning. 52 JOURNAL OF THE SENATE.

Saturdmj, December 13, li)23. The Senate met as^reeably to adjoiii'mneiit. Mr. L»\ii;ratid, from the committee apj)oitite(l to conduct the ballotin.a; for a Bri.i^adier-Genoral of the lltli brisi^ade of the militia, repoi'ted that no person in nomination had received a majority of the votes. ^ Mr. Williams presented a bill to legitimate Helen God ley, Meha- lah Godley and Benjamin Godley, which was read the first time and passed. Ml-. Wall presented the petition of Hiii^h M'Carn of Richmond county, prayini^' that certain money which lie has paid into the Trea- sury for land, be refunded to him; whicli was referred to the Com- mittee of Claims. Received from the House of Commons, a message, proposing to ballot immediately for a Kriganicr-General of the 11 tl) brigade of the militia of this State, and stating that Mr. Piigli and Mr. Thomp- son are appointed superintendants of the balloting on the part of that House; which proposition was agreed to, and Mr. Wall and Mr. M'Dowell were appointed superintcndants of the balloting on the part of the Senate. Mr. Forney, from the Committee of Pr«»j:ositions and Grievances, to whom was referred the petition of Hall and Fraly of Rowan county, and the counter memorial of Eliza Pearson and others, of said county, reported the following resolution: Hesolved, That the prayer of the petitioners oug'ht not to he tjTantecI. Which was agreed to. Mr. Hatch of Jones, from the Committee on Agriculture, to whom was referred the bill to repeal the latter clause of the 8th section, and the whole of the 9th, 10th and 11th sections of an act passed by the last General Assembly, t^ntitled *' an act to promote Agriculture and Family Domestic Manufactures in this State," reported the said bill without amendment: thereupon Mr. Forney fjnived that the said

bill be indefinitely postponed ; and the question tiiereon was determined in the attiimative. On this question the yeas and nays vvere demanded by Mr. M'Dow-

ell, and are as follows : For the indefinite postponement are, YEAS—Messrs. Alexander, Baker, Brittain, Bullock, Bethune, Burges, Boddie, Beasley, Callaway, Caklcleugli, Cameron, Cox, Devaiie, Friiik, Ferrebee, Forney, Gray, Graves, Hatch of Jones, Hill of Stokes, Hatch of AVayne, Hawkins, Jackson, Legrand, Marshall, Marsh, M'iieary, Murphy, Pbifer, Perkins, Pearsall, Parker, Ship-^ man, Sneed, Scales, Seawell. Torrence, Williams, Wilson, Whitfield, Wall- 42. Against the indefinite prjstponemeiit, are NAYS— Albritton, Bowers, Flowers, Gibbs, Gavin, Harrell, Love, M'Leod, M'Dow- ell, >fartin, Outlaw, Peebles, Pool, Riddick, Speight, Sumner, Vanhook, Ward, Well- born— 19. On motion of Mr. Scales, a message was sent to the House of JOURNAL OF THE SENATE. 53

Commons, proposini>: that the two Rouses buliot immediately, for a Boiii'd of IiitriMiii Impiovemeiit, lor the ciisuini;; ^.ar, utid iiomiua-

tiri,^' for the ap|)olnt,meiit, M. Stokes, D. Cameron, Thomas Turner, D. Hatch, J. Owen, and J. D. Hawkins. Mr. Beasley [U'esented the memoiial of Joseph and x\nn Wynne, of Tjrivl! county, prayinj^ provision for the payment of certain

costs ; w hich was referred to the Committee of Propositions and Grievances. Mr. iVrOowell, from t!ie committee appointed to conduct the balloting- for a Bri.sjadier- General of the 11th bi'igade, rejmrted that /

John N. Piiifer was duly ehcted ; which report was concurred in. Received from the House of Commons, a messai^e, statins? that

they have passed a hill respect in,:? fise reservations to certain Indians

in the lands lately acjpiired by treaty from tlie Cherokee nation ; and a bill to amend Ian act passed at the last session of the General As- sembly, entitled •• an act supplemental to an act passed at the present General Assembly, entitled an act for the division of Rowan county ;" and asking the co!ic»rrence of the Senate. Thereupon the said bills v/cre read the first time and passed. Tlie bill to regulate the practice in the Circuit Courts of this State, was read tlie third time and amended on motion of Mr. Sea- i well, by striking out the words " Circuit Courts," in the title of

I the bill, and also the same words in the enacting clause, and to insert '* Superior Courts of Law." The question then recurr'ed on the passage of the said bill the

third time ; and tl)e qtiestion thereon was determined in the negative. On this question the yeas and nays were demanded by Mr. Pear-

sell, and are as follows : For the passage of tlie bill, are YEAS—Messrs. Albritton, Baker, Bullock, Burges, Bowers, Beasl^', Cox, Feri'e- bee, Gibbs, Graves, Han-ell, Hawkins, Love, Legrand, Martin, Perkins, Parker, Pool, Peebles, Riddick, Siiipinan, Speight, Seawell, Vaniiook, Williams, Wall, Well- born— 27. Against the passage of t'le bill are, NAYS —Messrs. Alexander, Brittain, Bryan, Bethune, Caldcleugh, Cameron, De- ^rane, Frink, Flowers, Forney, Gray, Gavin, Hatch of Jones, Hill of Stokes, Hatch of Wayne, Jackson, Marsludl, M'Dowell, Marsh, IVI'Leod, M'Leary, Murphy, Outlaw, Phifer, Pearsall, Sneed, Sumner, Scales, Torrence, Wilson, Whitheld, Ward—32. Received from the House of Commons, a message, stating that they have rejected the engrossed bill to repeal so much of the several acts of the General Assembly of this Slate, as requij'es persons who complain of injury done to the health of their families, to petition to the County Court. Mr. Pearsall. ps-esented the resignation of Stephen Miller, sen'r. Colonel Commandant of the militia of Duplin county; which wass read and accepted and sent to the House of Commons. The Senate adjourned to 10 o'clock, Monday morning. —

54 JOURNAL OF THE SENATE.

Monday, December 15, 1823. The Senate met agi-ceubiy to adjouniment. A message was sent to the House of Commons, stating that the Senate liave passed a hill to amend an act passed in 1821, ^entitled

*' an act to compel the Clerks of the Superior and County Courts of Surry, to keep tlu'ir offices at the Court-House in tlie town of Rock- ford"—^A bill to amend an act passed in the year 1795, entitled "an act for appointing Commissioners to lix on a proper place in the county of Wilkes, and to erect thereon a Court- House, Prison, and Stocks"—A hill to amend an act passed in the year 1820, for the better organization of the militia of Beaufort county —A bill securing to Jane Wellboin of Randolph county, and Sarah Pennix of Surry county, the property they may heical'ler acquire"—A bill to authorise the erection of tiie Public Buildings of Washington county at Pl> mouth A bill for the regulation of the Courts of Pleas and Quarter Sessions of Buncombe county —A biil to establish a light infantry or volunteer company, in the county of Riciimond — A bill to alter the names of Charles Alexanrler Williams and others, and to legitimate tliem | and a resolution in favour of Thon)as Eliott of Mecklenburg county, in whicli they ask the concurrence of that House. Mr. Graves, from the Committee on the ?vli!itia Laws, to whom was referred the biil concerning a Light Infantry Company, in the tow^n of Edenton, reported the said bill without amendment; thereupon the same was read the second time, and it was resolved by the Senate that this bill shall not pass. Mr. Gra\cs, from the same committee to whom was referred the' bill to divide the militia of lirdeli county into two regiments, reported the said bill without amendment, which was read the second time and passed. Mr. Legrand presented a bill to authorise Parham Kirk to collect the arrears of taxes iXwc him, for the years therein mentioned. Mr. M'Leod presented a bill to authorise and empower the Com- irtissioners of the town of Smithlield to levy and collect additional taxes, and for other jvurposes. Mr. M'Dowell presented a bill to allow commissions to constables on all sums above sixty dollars. Mi'. M'Leary presented a bill concerning the estates of persons lion compos mentis. Mr. Seawell presented a bill respecting the marriage of infants who belong to any seminaiy of learning within this State. Which were severally read the fust tisne and i)assed. The engrossed bill to amend an act, passed at the last General AssembI}', entitled "an actsup])lemental to an act, passed at the present General Assembly, entitled an act for the division of Rowan county," was read and ameudetl, on raution of Mr. JMarlin, with the :

JOUIINAI. OF THE SENATE. 55

rollowijie; pi'oviso : " Provided, that notliinq in this act contained i.: intendrd in any \v;iy to afloct tlie dividini^ lino heretofore established

* hctween Rcnvnn siiid Davidson." Therenpon, the said bill was pass-

ed the second and third titiie ; and a messa.i^e was sent to ti»c ilousr oi" Coniinons, askini; their conrnncnce in the aoKMidment. The hill to anieiKl tiie inspection laws of this State, so far as re-

spects turj)entine. was read the thiid time and passed ; and anicnd' cd, on motion of Mr. Pearsall, hy adding the words " returned and,"

in the third line of the second section ; and, thereupon, the same was ordered to be on.«;rosse

min Godley j and the bill to authorise Alexander Long to erect ami- keep up a gate across the road in Rowan county, were severally read the second and third time and passed, and ordered to be engrossed. Mr. M'Dowell moved to reconsider the bill which was rejected by the Senate, on Saturday last, to i-egulate the practice in tiie Superior Courts of Law of tin's State. Tliere being an equal number for and against this motion, the Speaker of the Senate voted in the atfirma- Mc- tive ; and the said bill being reconsidered, on motion of Mr. Dowell, the further consideration thereof was postponed until to- morrow. Mr. Cameron, from the joint committee on Internal Iraprove-

ment, reported a hill c

pany ; which bills were severally read tiie firs'c time and passed. The bill to amend an act, passed in tlie year 181.3, entitled " an act to exempt vessels under sixty tons burden, entering the Cape- Fear river, from paying pilotage," was read the third time and passed, and ordered to be engrossed.

The Senate entered upon the orders of the day, and the bill to amend an act, passed in the year 1306, entitled <' an act forthemore uniform and convenient administration of justice within this StatCy was read the second time. Mr. Hill, of FranJilin, moved to amend the bill, by striking out the the tenth section, and to insert the fol-^ lowing

" Be it further enacted, That so much of the several acts of Assembly heretofore passed, establishing Superior Courts of i>aw and Courts of Equity, be and the same

are hereby repealed ; and that the CiyUit:s appointed and established by th..T act, shaU be holden by seven Judges, to be elected by joint ballot of both Houses of the present General Assembly, and commissioned by the Governor."

Mr. Callaway moved that the bill, with the amendment under con- v sideration, be indefinitely postponed ; hich w us not agreed to. The question then recurred on th* adoption of the aaicudiuent offerejj by Mr. Hill, of Franklin, and the q^ucstlni thereon was determined in the negative. I

- i 56 JOURNAL OF THE SENATE.

The yeas and nays on this question being demanded by Mr. Be- thune, arc as IbUows : For tlu> amendment is, YEA—Mr. IfiJl, of Franklin—1. Aaâinst the amendment are, NAYS—Messrs, Albritton, Alexander, Baker, Rrittain, Bulloclc, "Ci'van, Belhune. Burges, Bowers, Boddie, Iêasley, Callaway, Caldcleug-fa, Cameron, Cox, Devane, Frink, Flowers, Forney, Gibbs, Gray, GavJn, Graves, HaiTcIl, Hatcli, of Jones, (Till, of Stokes, Hawkins, llaicli, of Wayne, Jackson, Love, LcgTand, Z^larsluill, M'Dowell, Marsii, M'Leod, M'J,cary, Murphy, Tvlartin, Outlaw, Phifer, Perkins, Pearsail, Parker, Peebles, Pool, iMddick, Sneed, Speig-ht, Sumner, Scales, Scawell, Torrence, Vanhook, Williams, Wilson, "\1'ard. Wall, Wellborn—58. The said bill bcinc^ still under consideration, Mr. Pearsail moved to strike out the 2d,"3d, 4th, 5fh, Ctii, Tth, 81h, 9fh, lOtli, 11th, 12th. IStli and 14th sections,* which was not agi-eed to. Mr. Seawell moved to amend the bill, by addini^thc followin,^ proviso to the }5th section, to wit : " Provided always, that no special Courts shall be ordered by the Governor, except in instances where the failure to determine all the crises in *he Courts j)endin,![j;, arises from the accumulation of busiiiess ;" which was a.i^reed to. Tiie question then recurred on the passajê oT't.j^ said bill the second time; which was determined in tsf ivtnrmative. The Senate adjourned to 10 o'clock, to-morrow morning.

Tuesday, Dcctinber 16, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, staling tiiat the Senate have passed a bill to amend an act, passed in the year 1813. entitled " an act to exempt vessels under sixty tons burden, entering the Cape-Fear river, from paying pilotage;" a bill to authorise Alexander Long to erect and keep up a gate on the road leading by his lower ferry on the Yadkin river; a bill to amend the inspection laws of this State, so far as respects turpentine ; and a bill to legitimate Helen Godley, Mehalah Go

" ^nd be it further enacted, That Allen Grist, of Beaufort county, be, and he is here- b}'' authorised to collect the an-earages of taxes for said county, for the yeai's 1819 and 1820, under the same regulations and restrictions as other public taxes are collected rn this State." Which was agreed to; and The said bill was further amended, by extending the same authority to Robert Vanhook, late Sheriff of Person county, the represen- tatives of Alexander Frohock, late Sheriff of Rowan county, and: Henry Alexander, Sheriff of Tyrrell county. JOURNAL OF THE SENATE. 57

The question then recurred on the passage of the said bill the second time, as ainended^and tlie same was determined in the affiiraa- tive. Thereupon, the said bill was read the third time and passed, and ordei'ed to be eni^rosscd. Mr. Cameron, from the joint committee on Internal Improvements, reported a bill concerning the Cape-Fear Navigation Company ; which was read the first time and passed. The bill to authorise and empower the Commissioners of the town of Smithfield to levy and collect additional taxes, and for otiier purposes, was read the second and third time and passed, and ordered to be engrossed. The bill to divide the militia of Iredell county into two regiments, was read the third time and passed, and ordered to be engrossed. Mr. Jackson presented a bill to amend an act, passed in the year

1822, entitled *' an act tnaking compensation to tiie Jurors of the Superior and County Courts of Moore, Carteret and Bertie," so far as the same relates to the county of Moore ; and a bill to repeal an act, passed in the year 1822, entitled " an act to regulate the Courts of Pleas and Quarter Sessions in the counties of Cabarrus, Moore and Montgomery," so far as the same relates to the county of Moore. Mr. M' Do well presented a bill supplemental to an act, passed this session of the General Assembly, entitled " an act incorporating Morganton Academy." Mr. Baker presented a bill to amend an act, passed in the year 1810, entitled " an act respecting the academy and town of Smitli- ville, in Brunswick county ;" and Mr. Callaway presented a bill creating a permanent fund for In- ternal Improvements, and to consolidate the several acts of Assem- bly creating funds for that purpose. Which were severally icad the first time and passed. Mr. Cameron, fi'om the joint select committee on Internal Im- provements, to whom was referred a bill to amend an act, entitled ** an act to appoint commissioners to view and lay olF the road leading across the mountain, from the town of Wilkesborough to Mrs. Bogle's, in Iredell county," reported the said bill without amendment. Thereupon, the .said bill was read the second time and passed. Received from the House of Commons, a message, stating that they have passed a resolution in favor of the heirs of John Rice, deceased ; and a resolution in favor of John Ray; and asking the concurrence of the Senate. Thereupon, the said resolutions were severally read and adopted, and ordered to be enrolled. Mr. Forney, from the committee of Propositions ar«d Grievances, to whom was referred the memorial of Levi Whithead, executor of the last will and testament of John Whithead ; and the counter memorial of Josiah Turner, of Orange county, administrator of Anne 8 58 JOURNAL OF THE SENATE.

Wtiitliead, dec'cl, relative to the emancipation of certain slaves, re-

{)oite(l the folFowiiii^ resolution :

fimr/lvtu!. That t](c prayer of tlic memoi-ialist oug-lit not to he g-rantocl. "^^ \.\c\\ was a.i^toed to. 'Fijo Senate entered upon tlie orders of the day, and the bill to

; :)ii.v)iidate and amend tlie several laws of this State relative to the pi-acc'ssioninis; of land, wiis read tlic second time ; and after adopt- .Mn>; sundry amendments oiiei-ed by Mr. Sueed, and excluding from the pro\isions ol" the said bill the counties of Brunswick, Warren, Burke, Randoli'/h, New-Hanover, Mooi-e and A#iic, it was resolved by the Senate,- that "this bill shall not j)ass. The Senate continued on tlie orders of the day, and the engrossed blil respecting the reservations to certain Indians in the lands lately acquired by treaty from the Cherokee nation, was read the second time. BIi'. Cameron moved to strike out the words "joint ballot of both Houses of the Legislature," and insert " the Governor of the State," \\\ the lirst section of the bill ; which was agreed to ; and, On motion of Mi-. i*hi fer, tlie further consideration thereof was postponed until to-morrow.

The Senate continued on the orders of the day ; and the bill to a- fMend an act jwssed in 1806, entitled an act for the more uniform and convenient achniiiistration of justice witliin this State, was read the third time, and on motion of Mi*. Wcllboi-n, referi-ed to a select committee, which consists of Messrs. Wellborn, Forney, Torrence, Martin, Cameron. Yanhook, ft3ethune and Marshall. The engrossed biJ! directing a Court of Oyei- assed at the present General Assem- blj^ entitled an act for the division of Rowan county j thereupon the saiil bill was ordered to be enrolled. Received from the House of Commons,, the resignation of Tho- mas G. Polk, Coloucl Commandant of the Cavalry attached to the litli brigade of Militia ; Wm Welch, Colonel Commandant of the Militia of Haywood cou'nty, and George E. Houston, Major of the Militia of Duj)lin county—Frederick J. Cox, of Lenoii* county, Tho- mas G. Polk, of Mecklenburg county, and Sion Alford, of Robesoiij county, as Justices of the Peace, which were endorsed in that Housed ** read and accepted," and the same were severally read and accepted by the Senate. Tlje Senate adjourned until to-morrow morning, 10 o'clock. y

' .JOURNAL or THE SEN AT!:. . 59

Jfcdnesda , Decc mhcr \7,\S2S. The Senate met ai^iveably to adjoiii'iimcnt. A mossuge was sent to the House of Commons, stating that the Senate have j)asse(l a bill to authorise and cmpowci' the commissioners of the town of Smitlifield. to levy and collect additional taxes, and foi- other pMrj)oscs, and a hill to aiitliorise certain [jorsons therein named, to collect arrearages of taxes, In which tiiey ask the concuri'cnce of that House. Heceived from the House of Commons, a message, proposing tiiat the bill to i-epair and improve the lOad leading from Huntsville, in Surry county, to the A^irginia line, by way of Gap Civil, in Asiic county; the resolution instructing the committee on Internal Im- ])rovements to enqtiire into the expediency of retaining the services of the Civil Engineer; tlie petition of sundry persons of Sampson county; and the petition of the citizens of Fayettovilie, be referred to the committees of both Houses on Internal improvements, whicii was agreed to. The bill to amend an act, entitled an act to appoint commissioners to view and lay off the road leading across the mountain from the town of Wilkcsboi-ough to Mrs. llttgie's, in iredell county, and the bill to amend an ;ict passed in t!ic year 18^2, entitled an act making compensation to the Jurors of the Suj)erior and County Courts of Moore, Carteret and Bertie, so far as the same relates to the county of Moore, were seve!=a!Iy read, the first mentioned bill the third time, and the last mentioned bill the second and third time and passed, and ordered to be engrossed. JMr. Forney, from the committee of Propositions and Grievances, to' whom was referred the petition of Joseph and Ann Wynn, re!;ili^\e

to the payment of cei-tain costs, reported the following resolution :

Jiesrjlceil, that the prayer of the petitioners ought not to be gTanted.

Mr. Seawell nn)ved to amend tiie resolution, by striking out tii<^ word not—Which v.as agreed to. Mr. McDowell mo^ed that tlie resolution lie on the table—W'uch was not agi'ced to. The said resolution was further amended, on motion of Mr. Sea-

well, by ad.'ii !!!.;,•, " and that tlie Public Treasurer be, and he is bei-e- by autlioriseci tn pay to the jjetitioriCi-s the siim of tiii'ee hundred and fifty doUai's anci thii't) -three cents." Thereupon, the same as a- inended, was irad tlie first time and passed. lleceived from the House of Commons, a me,ss:age, proposing that appoi!itmen;s of Field Oliicers and .Itistices of ihc Peace, be r.uuie, this evening at 4 o'clociv—Which was agreed to. Ml-. Camer(jn, from tlie ct>mmittce on Inteiual Improvements, reported a bill authorising the making arid impioving a road from

Asheville to Rutherfordton, v> Inch was read the first time and [)assed. The bill to repeal an act passed in the ye;ir IB.^t^, ci;til!ed an act : ——

60 JOURNAL OF THE SENATE. to i'ce;ulate the Courts of Pleas arid Quarter Sessions hi the counties of Cahairus, Mooi-e and Montgomery, so fai- as the same relates to the county of Moore—and the bill supplemental to an act ])assed this session of the General Assembly, entitled an act incorporating Morganton Academy, wei'e severally read the second and third time and passed, and ord(>red to be eng-rossed. The bill to amend an act passed in the year 1816, entitled an act respectin.i; the Academy and town of Smithville, in Brunswick

county, was read the second time ; Mr. Cameron moved to strike out the second section of the bill Which was not agreed to. Mr. rhifer moved to add the third section, to-wit

He it further enacted, ih^i the managers of said Lottery shall be bound in their personal property for the payment of the prizes in said Lottery, and shall be individually sueable therefor, within six months from the time the prizes arc drawn. Which was agreed to. The question then recuned on the passage of the said bill, the se* cond time, which was determined in the affirmative. Thereupon the said bill was read the third time and passed, and ordered to be engrossed. Received from the House of Commons, the resignations of John Leach, of Johnston county, and A, R. Jones, of Rowan county. Jus-

tices of the Peace ; and John Dargan, Major of the second regiment of the militia of Montgomery county, whicii were severally endorsed in that House, " read and accepted," and tiie same were read and accepted by the Senate. Mr. Cameron, fiom the select committee to whom was referred the bill to amend an act passed in 1806, entitled an act for the more uniform and convenient administration of justice within this State, reported the said bill with sundry amendments; and the same being under consideration, Mr. Hawkins moved that the bill, together with the amendments, be indefinitely postponed.—Which was not agreed to. The amendments reported by the select committee, being agreed to, Mr. M'Leod moved to further amend the said bill, by adding the

following after the 23d section :

And be it further enacted, that so much of this act as goes to provide for an additional Circuit Judge, and Solicitor, shall only continue in force years from and after the ratification of this act. And on moving this amendment, Mr. M'Leod proposed to fill up the blank therein, with the word *'two."—Which was not a- greed to. The question then recurred on the adoption of the amendment Which was not agi'eed to. Mr. Seawell then moved further to amend the said bill, 'by adding

the foljovving section ;

Jt . JOURNAL OF THE SENATE. 6l

And be it further enacted, that with w view of f;icilitating' llie progress of business in the said Courts, it shall be the duty of the Judges holding said Courts, to confine their charges to tlic Petit Jury, exclusively to matters of law.' Wliicli was not agreed to. The question then recurred on the passage of tlie bill the third time, whicii was deteimined in the affirmative, and the same was ordered to be engrossed. On tiie passage of tlie said bill, the Yeas and Nays were demand-

ed by Mr. Sj)eiglit , which were as follows. For the passage, are YEAS. —Messrs. Alexander, Baker, Bryan^ Bethune, Burg-es, Caklcleug-h, Came- ron, Cox, Frink, I-'erebee, Forney, Gray, Graves, Flatcli, of Jones, Hatch, of Wajnc, Hill, of Franklin, Jackson, I,ove, Legrand, Marshall, M'Leary, Murp hey, Martin, Flii- fer, Perkins, Sneed, Torrence, "Wall, Wilson, Wdliams, Wellborn— 31.

Against the passage of the bill, are NAYS— Messrs. Albritton, Brittain, Bullock, Bowers, Boddie, Beasley, Callaway, Devane, Flowers, Gibbs, Gavin, FiaiTcli, Hill, of Stokes, Hawkins, M'Dowell, Marsh, M'Leod, Outlaw, Pearsall, Parker, Pool, Riddick, Speight, Suinner, Scales, Seav,ell> ,Vanhook, Whitfield, and Ward—29.

• Thereupon, the Senate adjourned to 4 o'clock, this evening,

Jfednesday evening—4 o'' clock. The Senate met agceably to adjournment. The resolution in fa^oui' of Josej)h and Ann Wynn, of Tyrrell county, was read the second and third time and passed, and ordered to be engrossed. On tlie passage of the said resolution the third tinic, the Yeas and Nays were demanded by Mr. Piarker, and were as follows. For the passage of the resolution, are YEAS. —Messrs. Albritton, Alexander, Baker, Brittain, Bullock, Bryan, Bethune, Burges, Bowers, Beasley, Cox, Devane, Frink, Ferebee, Flowers, Gibbs, Gray, Gavin, Graves, Match, of Jones, llil), of Frar^khn, Jacfison, Marshall, M'J.eod, M'Learj', Mui- phey, Martui, Phifer, Perkins, Hawkins, Pearsall, Peebles, Pool, Riddick, Sumner, Seawell, Ton-ence, S'anhook, Williams, Wilson, Wall, and Wellborn—42. Against the resolution, are

NAYS—Messrs, I'ornej', Hill, of Stokes, M'Dowell, Marsh, Love, Parker & Sneed—7.

The bill to allow commissions to constables on all sums above sixty dollars, was read the second time ; and On motion of Mr. Sneed, indefinitely postponed. Received from the House of Commons, a message, ])roposiiig to ballot immediately for a Major of Cavalry attaciied to the 17th brigade of the militia, and stating that the name of Wm. Davis is in nomination—Which was agreed to; and Mr. Williams and Mr. Hawkins were appointctl superintendants of the balloting on the jiaft of tlic Senate. The bill concerning the estates of persons non compos menti-s, was read the second time and passed. :

62 .lOUHNAL OF THE SE^ATE.

Received from the House of Commons, a mcssai^e, statiii£^ thai Mr. Leonard and Mr.. Lewis attend the Senate as snj)ei*intendants of the balloting for a Major of Cavalrj' attached to the 17th brigade of militia. The Senate adjourned to 10 o'clock to-morrow morning.

Thursday, December 18, 1823. The Senate met agreeably to adjoui-nment. A message \Nas sent to the House of Commojis, stating that the Senate have jjassed a bill to ai^cnd an act passed in the year 1822, entitled " an act making compensation to the jurors of the Superior and County Courts of Moore, Carteret, and Bertie, so far as the same relates to the county of Moore." A bill su})plemental to an act passed tliis session of the General Assembly, entitled '• an act incorporating Morganton Academ^." A hill to amend an act, entitled " An act to appoint Commission- ers to view and lay off the load leading acrvoss the mountains from the town of Wilkesborough, to Mrs. Bogle's in Iredell county ;" a bill to amend an act passed ij) the year ISIG, entitled *'an act respecting the Academy and town of Smitliviile, in Brunswick county ; " a bilj to divide the militia of Ij-edell county into two t'egiments, and the bill to amend an act passed in IBOii, entitled "an act for the more unilbi-m and convenient adininistiation of justice within this State;" iji which they ask the concui-rence of that House.

. Received fronj tiic House of Commons, a message, stating that they have rejected the following engi'osscd bills, to-wit A bill to autliorise certain j)ers()1is therein named, to collect arrearages of taxes ; a bill to amend tin; Inspertion laws of this State, so far as respects Turpentine, and a i)iil to amend an act passed in the year 1813, entitled " an act to exempt vessels under sixty tons burthen, entei-ing the Cape Fear Rjver. from j)ajing pilotage." Received from the House of Commons, a message, ])rop()sing that a balloting immediately take place for seven Councillors of State, for the ensuing year, and nominating William Da\idson, Edmund Jones, Thomas W^nus, Gideon Alston, Theophilus Lacey, 'William

Blackledge and David Giiiaspie ; which projiusition was agi'ccd to, and Mr. Bryan and Mr. Hatch of Wayne, were a{)pointcd snperin- tendants of the balloting on the jku t of the Senate. Received from the House of Con)mons, a message, staling, that Allen Rogers atid George W. Jeffreys are added to the nomination for Councillors of Staie, and that ISIr. Brodnax and Mi*. Brown are a[)pointe(i to conduct the balloting on tiie part of that House. Mr. Love, from the Committee of Claims, to whom was referred the resolution instructing them to enquii-c into the propriety of allowing claims of a detaclinient of tiie militia of Jones county, for services in su])pressing outrages of slaves and otlier persons of colour in the year 1821, reported the following resolution : .lOUUNAT, OF 'i'lIE SENATE. 68

Jirxjlvcd, Tliat tlic 'i'l'ciisuvcr, Comptrolkv and Secretary of State, be appointed a Board to audit and liquidate tlvo claims of a dctaciiment of the militia of Jones couii- tv, ordered out to suj) press outrag'cs of slaves and other persons of colour, in tlie vcar l'821. lieSulved fiirtlicr. That the Treasurer pay to the individuals respectively, or their a;^-ents or attorneys, such sums as may be allowed them by said Ijoard, and that he be allowed the same in seltleuicnt of liis accounts.

"Which was read the first time and passed. ^ Mr. Love, tVoni the same committee, to wliom was refeiTed a resolution of the Senate. of the 6th inst. in favoiii' of Samuel W. W. Yick, Sheriff of Nash county, re[)(#ted the said resolution without amendment, which was read tlie second time; when it was determin- ned hy the Senate that the same should not pass. Mr. Hawkins, from the committee apj)ointed to conduct the ballot- inj;' for a Major of Cavalry, attached to tiie 17th brigade of militia, reported tiiat William Davis was duly elected ', which report was concurred in. Mr. Peebles presentdd a bill cojicorning usury, which was read ,the first time and passed. Received fr^)m the House of Commons, a message, stating that they have jjasscd a bill to facilitate the navigation of Neuse river,

and asking the concui-rence of the Senate ; thereupon tlie said bill was read the thii'd time and passed. A message was sent to the House of Commons, stating that the Senate have accepted tiie recommendation from Duplin county, with an amendment to strike out the name of "John Miller, Lieutenant Colonel," and that tliey have rejected the recommendation for the county of Ilertlord, signed by James Copeland. The bill cpncerning the estates of persons non compos mentis^ was read the third time and passed, and ordered to be engrossed. Mr. Graves from the Committee on the Militia Laws, to whom was referred a bill to amend the militia laws of this State, rejwrt^d the said bill without amendment; and the same being read the second time, Mr. Seawell moved an amendment, to strike out the words " company musters of the miiitia of this State be, and the same are hereby abolished," and insert "no company muster shall be held between the first day of April and the fifteenth day of Au-

gust in each and every year ; whicii was not agreed to. The question tlien recurred on the passage of the bill, which was determined in the negative. Mr. xilexandei- presented the resignation of Joshua Camp, a Jus- tice of the Peace of the county of Rutherford, whicli was read, accepted and sent to the House of Commons. Mr. Hatch of Wayne, from the committee appointed to conduct the balloting for Councillors of State, for t!ie ensuing year, re])orted that William Da\ idson, Edmund Jones, Thomas Wyims, Gideou Alston, Theophilus Lacey, William Blackledge and David Gillas- pie, were duly elected; which report was concurred in. :

64 JOURNAL OF THE SENATE.

The Senate entered upon the orders of the day,' and the hill re«- pectiji;!^ the marriage of Infants, who helonj^ to any seminary of learnins; within this State, was read the second time and amended on motion of Mr. Seawell, by strikinej outof tl)e second section from the word "if," in the first line, to the word '"any," in tiic ninth line, and to add after the word " state," in the third line of the third section, the following words : " shall not be effectual to transfer to the husband any interest in the estate of the wife." The question then recurred on the passage of the said bill the second time, as amended ; whicli was determined in tiic allirmative. On this question the yeas and nays were demanded hy Mr. Well- born, and were as follows : For the passage of the bill, are

YEAS-'—Messrs. Alexander, Baker, Brittain, Bryan, JSethunc, Buvg-es, Boddie. Caldcleugh, Cameron, Cox, Devane, Frink, Ferebee, Flowers, Forney, Gibbs, Gray, Gavin, Graves, Harrell, Hatch, of Jones, Hill, of Franklin, H'-itcli, of Wayne, Jackson, Legrand, M'Leod, Murphy, Martin, Ferkins, Pearsall, Peebles, Pool, Shipman, Snecd, Speight, Seawell, ToiTence, Williams, Wilson, WaU, Whitfield—41.

Against the passage of the bill are, NAYS—Messrs, Albritton, Bnllock, Bowers, Beasley, Callaway, Hill, of Stokes, Hawkins, Love, Marsliall, M'Dowell, Marsh, M'Leary, Outlaw, Phifcr, Parker, Rid- dick. Scales, Vanliook, Wellljorn— 19, The Senate continued on the orders of the day, and the following bills were severally read, to-wit : A bill concerning the Roanoke

Navigation Company ; a hill authorising the making and improving a road from yVshville to Rutherfordton, and a bill concerning the

Clubfoot and Harlow's Creek Canal Con)j)any ; which bills were severally passed the second time, and the last mentioned bill wa.s amended on motion of Mr. Cameron, by adding the second section, to-wit

" ^nd be it further, enacted. That the President and Directors of the said Companyi shall have a further term' of five years to complete the works of said Company." A message was sent to the House of Commons, stating that the Senate have passed a resolution in favor of Joseph and Ann Wynn, in which thej' ask the concurrence of that House. Mr. Murphey moved to reconsider a bill which was ])assed by the Senate, yesterday, the third time, entitled a bill to amend an act passed in 1806, entitled an act for the more convenient and uniform administration of justice within this States and Mr. Callaway moved an adjournment, which last motion prevail- ed ; and The Senate adjourned until to-morrow morning, 10 o'clock.

Friday, December 19, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that the Senate have passed a bill to repeal an act passed in the year 1822, JOURNAL OP THE SENATE. 65 entitled an act to regulate the Courts of Pleas and Quarter Sessions in tlic counties of Cabarrus, Moore and Montgomery, so far as the same relates to the coufity of Moore, in which they ask the concurrence of tliat House.

Mr. Harrell presented the following resolution :

Hesolved, tliat the committee on the mihtary laws be instructed to enquire into th^. expediency of so amending tlie militia laws of this state, as to prohibit free persons o* colour from performing' military duty, and that they report by bill or otherwise. Which was agi-eed to. Mr- Shipman presented a bill to authorise the administrators of Wm Streety, late sheriff of Bladen county, to collect the arrears of taxes due said sheriff. Mr. Pool presented a bill to legitimate Benjamin Franklin Jack- son, son of Pemia West, dec'd. and Benjamin M. Jackson, of the county of Pasquotank. And Mr. Hill, of Franklin, presented a bill for the relief of female debtors ; which bills were severally read the first time and passed. Mr. Cameron, from the joint committee on Internal Improvements, reported a bill authoi'isingtiie improvement of Great Cohara Sw^amp, in the county of Sampson, which was read the first time and passed. On motion of Mr. Love, the Senate proceeded to the considei-atiou of the bill for tlie relief of such persons as became purchasers of the Cherokee Lands, sold under the authority of this State, which was read the second and third time, amended, passed, and ordered to be engrossed. The bill to regulate the practice in the Superior- Courts of Law of this State, was read the tliird time and passed, and amended on motion of Mr. Bryan, by adding the following provision : Provided always, that any person or persons, convicted by a verdict of a Jury, of the crimes of perjury-, forgery, counterfeiting, or passing counterfnt monej' or bank notes, horse stealing, or of an assault with an intent to commit a rape, shall not have the benefit of the provisions of this act. Thereupon the same was ordered to be engrossed. Received from the House of Commons, a message, stating that they have passed a bill to authorise the |)ayment of money to Cleiks of Courts of Record in certain cases, and a bill to to amend an act, entitled an act regulating descents, passed in the year 1808, in which they ask the concurrence of the Senate. Thereupon the said bills were severally read the first time and passed. Received from the House of Commons, a message, stating that they have passed the engrossed resolution in favour of Joseph Wynn and Ann Wynn, with the following amendments : to strike oat from the word " Resolved" in the first line, to the word ** that" in the third line—and to strike out the words " the petitioners" in the fifth line, and insert the words " Joseph Wynn and Anne Wynn," and 9 66 JOURNAL OF THE SENATE. asking' the concurrence of the Senate in the amen

NAYS —Messrs. Aleravudcr, Baker, Brirtain, Bryan, Bethune, Burgees, Beasley, Cal- laway, Cameron, Cox, Trink, Forney, Gray, Graves, Hatch of Jones, Love, Lesrrand, M'Leary, Martin, Fhifer, Peebles, Sliipman, Sumner, Scales, Vanhook, Wilson, Well- born—2^. Thereupon Mr. Hatch, of Jones, moved that the said bill lie ou the table—Which was agreed to.

Mr. Baker presented tlic following resolution : Resolved, that the Committee of Finance be instructed to enquire into the expediency of reducing- the tax imposed by the revenue laws of this State on merchants of small capital, and that they have leave to report by bill or otherwise. Wiiich was agreed to. ^ M)-. Gavin presented the following resolution: '

Resolved, that the Secretary of State be and he is hereby directed to issue to the heii's of Harmon Stricklen, a g-vant for 64 acres of land on a warrant issued by the en- try-taker of Sampjon county. No. 215, on the 5th November, 1804, and agreeably to the plats of survey accompanying the same ; Provided it be made appear to the satisfaction of the Secretary of State, that the purchase money has been paid. Which was read and adopted, and ordered to be engrossed. Mr. Graves, from t!ic committee on the militia laws, rejiorted a bill to amend the militia laws of this state, relative to the cavalry, which was read the iirst time and passed. The bill respecting the marriage of infants who belong to any seminary of learning in this state—the bill authorising the making and improving a road from Asheville to Rutherfordton —and the bill concerning the Clubfoot and Harlow's Creek Canal Company, were severally read tiie third time and passed, and ordered to be engrossed. Mr. M'Dowell presented a bill to amend an act entitled an act, to appoint commissioners to extend the Fayetteville road from Mor- ganton to the line of Tennessee, passed in the year 1818—Mr. Ga- i vin presented a bill to amend the several acts of Assembly respecting weights and measures—and Mr. Bryan presented a bill, declaring the punishment of persons of colour in certain cases, which were

severally read the first time and passed. , —

JOURXAL OF THE SJENATE. GTi

The bill respecting the reserrations t(» cci'tain Indians in the lands lately acquired by treaty irom the Cherokee Nation, was read tlio second time and passed. Tiic bill concerning- usury was read the second time, and on mo- ^ tion of Mr. Peebles, the furtiier consideration tiiereof was postponed until Monday next. Received from the House of Commons, a message, stating that they accede to the amendment made by the Senate in tlie recommendatioTi from Duj)Un county. The engrossed bill to facilitate the navigation of Neusc river, was read the second time and passed. *' The bill concerning the Cape-Fear Navi^tion Company, was read the second time and passed. Received from the House of Commons, t!ie resignations of James

H. Morrison, Justice of the Peace of Mecklenourg county ; John N. Phifer, Lieutenant Col. of Cavalry in tiie lltli brigade of Militia; and Elisha Spence as Major of the 2d Regiment of Cumbeiland county, which were endorsed in tiiat House, read and accepted, and the same were severally read and accepted by the Senate. Received from the House of Commons, a message, stating tliat they have passed the engrossed bill to repeal an act passed in the year 1812, entitled an act to rcg'.'Jate the Courts of Pleas and Q.uar- ter Sessions in the counties of Cabarrus, Moos'e and Montgomei-y, so far as relates to the county of Moore, with aw amendment, to add the word '* Montgomery" after tiie word " Mooi-e," in the pj'ovisions of the bill, and to make the title thereof correspondent, and asking the concui-rence of the Senate— to which amendment the Sen- ate lefused to accede, and the Bouse of Commons was informed thereof by message. The Senate adjourned to 10 o'clock, to-morrow morning.

SoMirday, December 20, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that the Senate have passed a bill for the relief of sucii persons as became purchasers of the Cherokee Lands, sold under tSse autiiority of this State—a bill authoiising the making and improving a road from Asheville to Riitherfordton—a bill concei-ning tlie Clubfoot and Har- low's Creek Canai Company—a bill concerning the estates of per- s«)ns non compos mentis—a bill to regulate the jjractice in the Su- perior Courts of Law of this State—a bill resj)ecting tlie marriage of infants who belong to any seminary of Icarnitig within this state and a resolution in favour of the heirs of Harmon Stricklen, in which they ask the cojicurrence of that House. Mr. Graves, from the committee on the militia laws, to whom was referred the petition of sundry inhabitants of t!ie county of 68 JOURNAL OF THE SENATE.

Wilkes, praying to be established as a volunteer company, reported the f(»llo\ving resolution : Resolved, that the prayer of tiie petitioners be not allowed. Which was concurred in. Mr. Forney, from the committee of Propositions and Grievances, to whom was refei-red t!ie petition of sundry inhabitants of Nash county, reported a bill for the better regulation of the town of Nash- ville, which bill was read the first tim^ luid ])assed. Received from the House of Commons, a report of the committee on Internal Improvements, upon the resolution instiucting them to enquire into the expediency of retaining in tlie employment of the State, the present Engineer, and the propriety of kee])ing up, and sustaining the Board of Internal Improvements—Which report was ordered to be printed. Received from the House of Commons, a recommendation of certain persons to be added to the commissio)i of the Peace in Lenoir county, which was read, and amended on motion of Mr. Whitfield, by striking out the name of Joseph Pearcc, and inserting the^name of Parrot Mcwborn. Thereupon the same was accepted by the Sen- ate. Received from the House of Commons, a message, stating that they have passed a bill to alter the names of William Riley Brewer, Daniel Putnam Brewer, and Hilliaid Brewer, children of iênjamin Whitley, of Martin county, and to legitimate them—a bill to incorporate Greensboiough Lodge, No. 76, in Guilford county —a bill to establish and incorporate Lumberton Academy, in the county of Ro- beson—a bill to legitimate Emmery Beazer Williams, and foi- other purposes—a bill to repeal an act passed in 1822, entitled an act directing the time and place of selling lands and slaves under execution, so far as respecis the counties of Washington arid New-Hano- ver—a bill to repeal in j)art an act passed in the year 1822, entitled an act to regulate the patrol of Richmond county—a bill to incoi-porate Charity Lodge, in Windsor, Bertie county—a bill to amend the 4th section of an act passed at the Inst General Assembly, entitled an act supplemental to an act passed at the present General As-. sembly, entitled an act for the division of Rowan county—a bill to alter the mode of electing militia officers in the counties of Gates and Granville—a bill directing the manner in which constables shall be hereafter appointed in the county of Mecklenburg—a resolution in favour of Thomas D. Watts—^wnd a resolution to establish a board to settle the claims of the Onslow militia, in which they ask the concurrence of the Senate. Thereupon the said bills were severally read the first time and passed. Received from the House of Commons, a message, stating that they have passed the engrossed bill supplemental to an act passed JOURNAL OF THE SENATE. 69 this General Assembly, entitled an act incorporatinu; Morânton Academy, with an amendment in the 10th line, altei* the word " ac- qnire," add '• adjoining; the towti of Morîânton"—also statin.i^- that they liave jjassed the bill to authorise the making' of a turnpike road from Asheville, by the Warm Springs, to the Tennessee line, and to in'orporate a Comj)any i'or tliat purpose, with an amendment to strike out from the word " state" in the Bth line of t!iP third section, to t!ic word "capacity'* inclusive in the lOtii line—And that they have ])assed the bill to authorise the erection of tlie public buildings of V/ashing'ton county, at Plymouth, with the following amendment : Provided however, that nothhig" in this act contained, shall be so construed as to authorise the Justices oftiie Court of Pleas and Quarter Sessions of said county oc Wash- iiig'ton, to lay any tax or taxes upon tiie people of said count}', for tlic purpose of pur- chasing lots, or for the erection of the public buildings to be erected in the to\VTi of Plymouth. Which anjendments to the several bills above mentioned were agreed to by the Senate. The hill to facilitate the navigation of Neuse river, was read the third time and passed, and ordered to be enrolled. The bill respecting tlie reservations to cei'tain Indians in the lands lately acquired by treaty from the Cherokee natioti, was read the third time and [)asscd, with an amendiuent to strike out the word '* three" and insert " four," in tlie tiiird line of the 4tii section, also to strike out the words ''joint ballot of both Houses of the Legisla- tui-e," and insei-t '* Governor of the State," and a message was sent to the House of Commons asking their concurj'ence in the amendments. On the passage of the said bill the third time, the yeas and nays

were demanded by Mr. Seawell, and are as follows : For the ])assage of tlie bill are, YEAS—Messrs. Alexander, Hakei-, Brittain, Bullock, Bryan, Bethune, Burg-es, Boddle, Beasley, Callaway, Caldcleugii, Cameron, Cox, Devane, Frink, Ferebee, For- ney, Gray, Graves, Harrell, Hatch, of Jones, Hill, of Franklin, Hill, of Stoked, Hatch, of Wayne, Jackson, Love, Legrand, Marshall, M'Doweli, 51'Leary, Martin, Outlaw, Phifer, Perkins, Parkei', Peebles, Pool, Riddick, Shipman, Sneed, Speight, Sum- ner, Scales, Torrence, Vanhook, Wilson, Whitfield, Ward, Wellborn—49. Against the passage of the bill are, NAYS—Messrs. Albritton, Bowers, Flowers, Gibbs, Gavin, Hawkins, Pearsall, Sea- well, Williams, WaU— 10. The Senate proceeded to the consideration of the bill concerning the Roanol\« Navigation Company. Mi-. Outlaw moved to reconsider the vote taken on the amendment made to the said bill to strike- out tiie words " by the Public Tieasiiier," and to insert *' the fund set apart for Interna! Improvements ;" xshich motion to rccoiisider was agreed to. The question then recurred on the passage of the said bill the third

time ; which was determined in the affirmative, and the same was ordered to be engrossed. TO JOURNAL OF THE SENATE.

Oil the passage of the said bill, the yeas and nays were demanded

by Mr. Jackson, and are as follows : For the passas^c are, YEAS— Messrs. Alexander, Biikcr, Brittaln, Bryan, Eetliune, Buries, Beasley, Cal- laway, Caldcleugh, Cameron, Cox, Frink, I'orney, Graves, Halcii, of" Jones, lliW, of Stokes, Hawknis, Love, Lcgrand, T'.l'Dowell, M'Leary, Martin, Outlaw, Philer, Pee- bles, Sneed, Sumner, Scales, Vanhook, Wdson, Wall, Wellborn—32. Ajj^ainst the pass-atcc of the bill are, NAYS— Messrs. Aibritton, Bullock, Bovvers, Boddie, Uevane, Ferebee, Flowers, Gibbs, Gray, Gavin, Hanell, Hill, of Franklin, Hatch, of Wayne, Jackson, Marshall, Marsh, Perkins, Pearsall, Pai'ker, Pool, lliddick, Speight, Seawall, Torrance, Wil- liams, Whitfield, Ward—27. A message was received from the House of Commons, stating that they agree to the amendment made by the Senate in the recommendation of Justices for Lenoir county. Mr. Love presented a bill to authorise John Patton, of Buncombe county, to convey to Thomas Kinsey and others, in trust, a certain

portion of the public lands ; whicij was read the first time and passed. Received from the Hop.kp of Commons, a message, stating that they have passed the bill to amend an act, passed in the year 1813, .entitled " an act to exempt vessels under sixty tons burden, enteiing the Cape-Fear river, from paying pilotage," with the following amendments, viz. in the fifth line, to strike out the word "forty," and insert <* fifty" —to strike out the w hole of tiie proviso, and insert

the following section :

"And be itfitrther enacted. That no vessel coming" in at either Inlet of the Cape-Feav rivei', with aview to the more convenient prosecution of her voyag-e, or to make a har- bor, shall be subject to the payment of pilotag'e." And the said amendments were agreed to by the Sunate. Received from the House of Commons, a message, stating that they insist on their amendments j)roposed in the bill to repeal an act, passed in 1822, entitled " an act to regulate the Courts of Pleas and Quarter Sessions in the counties of Cabarrus, Moore and Montgo- mery," so far as relates to the county of Moore ; and a message was sent to the House of Commons, in answer thereto, stating that the Senate insist on their disagreement to the amendments pi-oposed to the said bill by the House of Commons, and asking a conference thereon ; and for this purpose. Mr. Legrand,and Mr. iiill, of Stokes, are apjjointcd on the part of the Senate. Received from the House of Commons, the resignations of A. M*- Millan, Cnlonel-Commandaut, Jaincs Maxwell, Lieutonant-Coloncl, and Thomas Brown, Maji)r of the militia of Ashe county ; Duncan

M'Phatter, Major of tiie 2d rigiment of militia of Robeson county ; and James B. Long, Major of Cavalry attached to the 14tli brigade of the militia of this State ; als;) Charles Steed, of Randolph county ;

Henry Tatum, of Guilford county ; Willian Edwards, of Ashe county ; Lemuel Hardy, of Greene county ; and George Smith, of Ba- JOURNAL OF THE SENATE. 71

vidsoii coiii)iv, Tiistices of the Peace ; which were endorsed in that House, i-ead and accepted—and the same were severally read and accepted by t!«^ Senate. The Senate adjourned to 10 o'clock, Monday morning.

Monday, December 22, 1 823. The Senate met a.j^i'coably to adjournment. A message was sent to t!ic House of Commons, statini^ that the Senate have passed a bill concerning tiie Roanoke Navi;;ation Com- j)any ; in whicii they ask the concurrence of that House. Mr. Forney, from the Committee of Propositions and Grievances, to whom was referred the petition of sundry inhabitants of Beaufort county, reported a bill to regulate seine fislieries on Blount's Cieek, in Beaufort C(»unty ; which was read the first time and passed. Mr. Hill, of j?ranklin, from the select committee to whom was referred the engrossed bill to ametid the laws making provision for widows, reported the said bill with sundry amendments ; which were agreed to ; and the said bill was read the third time and passed, and a message was sent to the House of Commons, asking their concurrence in the ainetulmeiits. Ml'. Cameron, frorii the Committee on Internal Improvements, repoi'ted the following rosokition :

Hesolved, That the President of the Board for Internal Improvements be, and he is hereby instructed to transmit to each Senator and Representative in Congress fronrii this State, a certified copy of an act of the last General Assembly, entitled *' an act for improving" the navigation of Cape-Fear river, below Wilmington," accompanied by a memorial, praying' the CongTess of the United States will pass an act authorising* the General Assembly of this State to lay and collect tolls not exceeding' in amount the sum of twenty-thousand dollars, lor the reimbursement of the expenditure autJiovised for the purposes mentioned in the act aforesaid. Which was read ajid ado{)ted, and ordered to be engrossed.

Mr. Wellborn, from tiie Committee of Finance, reported a bill to amend an act, passed at the last session of the General Assembly^ entitled " an act to pro% ide a revenue for the payment ot the civil list and contingent charges of government ; which bill was read the first time and passed. Received from the House of Commons, a message, stating that they have passed a bill concerning tlie duty of B^errymen across Al- bemarle sound and its waters ; and a bill concerning the University of North-Carolina—in which they ask the concurrence of the Senate. Thereupon, the said bills were severally read the first time, and passed ; also Received a message, stating that the House of Commons have rejected the engrossed bill concerning the estates of persons non compos mentis. The Senate proceeded to the consideration of the resolution reported from the committee of Claims, in favor of a detachment of :

12 JOURNAL OF TUE SLXATi;. the militia of Carteret County, ordered out under the command of

John H. Hill ; and the same beinj^ read, was amended, on ujotion of Mr. Hatch, of Jones, by addin.2: tiie followlDâ; after the word *' Hill," in the Ttli line, to- wit : " and to audit and settle the chiiius of the oflicers and men composing a detachment of the n)ilitia of Jones county, ordered out under tlie comtnand of Colonel Foscur." The question then recurred on the j)a"^-ia,ê of the said resolution the second time as amended; and the same was determined in the atlirmative. Mr. Phifer picsented a bill to amend an act, passed tlie last session of the Grneral Asse:nb!y, entitled "an act for the better regulation of tlie County Couits of Cabarrus, Moore and Montgome- ry," so far as relate to the cnuntv of Cabarrus ; and Mr. Cox presented a bill to alter the times of holding the Courts of Pleas and Quarter Sessions for the county of Washington. Which bills were severally read the first time and passed. The Senate entered upon the orders of the day, and the bill to amend the several acts of Assembly, respecting weights and measures, was riad. Mi*. M'Leod moved to add the words " and mill- ers," after the word " profession," in the fiftli line of the first section ; which was agreed to; and the said bill, as amendeii, was passed the second time. The Senate contiiuied oti the orders of the day, and the following bills were severally read the second and third times, ami passed ami ordered to be engrossed, to-wit A bill to auicnd the uîlitia laws of this State relative to the Ca-

A'^alry ; a bill autiiorising the imj)rovement of Gi-eat Cohara Swamp, in the county of Sampson ; a bill to amend an act, entitled " an act to appoint Commissioners to extend the Fayetteville road from Mor- ganton to the line of Tennessee," j)assed in the yeai* 1818 ; a bill to authorise John Pattoji of Buncombe county, to convey to Thomas Kinsey and others, in trust, a cei'tain portion of the Public Lands; a bill declaring tlie punishraeiit of persons of colour, in certain cases ; and, a bill for the relief of Female Debtors. The engrossed bill to rej)eal in part an act passed in the year 1822, entitled " an act to regulate the patrol of Richmond county," was read the second and third time and passed, with an amendment, adopted on motion of Mr, Wall, to sti'ike out the whole of the said bill except the words " a bill," and to insert the amendment accompanying the same, and a message was sent to the House of Com- mons asking their concurrence. The bill for the better regulation of the town of Nashville, was read the second time and amended on motion of Mr. Boddie, by adding the second section :

^nd be it further enacted. That upon the death, removal, or refusal to act, of any of the aforesaid Comrnissionerp, those that remain, ov a majority of them, shall have :

JOURNAL OF THE SENATE. 7S

power to elect new one?, to supply the places of those wh remove, die, or refuse to

uct ; and those when so elected as aforesaid, shall be vested with the same power and authority as those appointed by this act.

The question then rccnn*ed on the passage of the said bill the second time as amended, and the same was determined in the alKirma- tive; thereupon the said bill was read the third time and passed, and ordered to be engrossed. The engi'ossed bill to alter the mode of electing militia officers in the counties of Gates and Granville, was read the second and third time and passed, and amended on motion of Mr. Sjieed, by excluding

from the provisions of the said blU, the county of Granville ; and a message was sent to the House of Commons, asking their concurrence in the amendment. Received from the House of Commons, a message, stating that they have passed a resolution in favour of the heirs of Dancy Penticost,

and asking the concurrence of the Senate ; thereupon the said resolution was read and adopted, and ordered to be enrolled. The bill to amend the several acts of Assembly respecting weights and measures, was read the third time and passed, and ordered to be engrossed.

The following engrossed biljs, to-wit : a bill to incorporate Char-

ity Lodge, in Windsor, Bertie county ; a bill to authorise the payment of money to Clerks of Courts of Record, in certain cases; a bill to incorj)orate Greensborough Lodge, No. r6, in Guilford coun-

ty ; a bill directing the manner in wiiich constables shall hereafter be appointed in the county t)f Mecklenburg; a bill to repeal an act passed in the year 1822, entitled '* an act directing the time and place of selling lands and slaves under execution, so far as respects

the counties of New- Hanover and Washitigton ; a bill to amend the 4th section of an act passed at the last General Assembly, entitled ** an act supplemental to an act passed at the present General As- sembly, entitled an act for the division of Rciwan county; a bill to alter the names of William Riley Brewer, Daniel Putnam Brewer and Hiliiard Brewer, children of Benjamin Whitley of Martin

County, and to legitimate them ; a bill tt) legitimate Emmery Beazor W^illiams, and for other purposes; a bill to establish and incorpo-

rate Lumberton Academy, in the county of Robeson ; and a resolu-

tion in favour of Thomas D. Watts ; were severally read the second and third time and passed, and ordered to be enroled. The following bills were severally read the second and third time and passed, and ordered to be engrossed, to wit

^ A bill to authorise William Streety, late Sheriff of Bladen county, to collect the arrears of taxes due said SlieriflT; a bill to regulate

Seine Fisheries on Blount's Creek in Beaufort county ; a bill to amend an act passed the last session of the General Assembly, entitied " an act for the better regulation of the County Courts of Ca- 10

^ 74 JOUllNAL OF THE SENATE. barrus, Moore and Montgomery," so far as relates to the county of

Cabarrus ; a bill to legitimate Benjamin Franklin Jackson, son of Pe- mia West, deceased, and Benjamin M. Jackson, of tlie county oT

Vas(jU()tank ; and a bill to alter tise times of Indding the Courts of Pleas and Quarter Sessions for tlie county oF Washington. The bill concerning usui-y, was read the second time, and amended on motion of Mr. Siavvcll, by striking out the whole of the bill from the word ' same" in the third line of tlie first section, and to insert the following, "that so much of the act of Assembly passed in the year 1741, as enables any ])erson to bring an action to recover double the amount lent or forborne, upon excessive usury, be, and tiie same is hereby repealed ;" the question then recurred on the passage of the said bill the second time, which was determined in the affirmative. On the passage of the said bill the yeas and nays were demanded by Mr. Wellborn, and arc as follows : For the passage are, YEAS—Messrs. Alexander, Baker, Bullock, Bryan, Bethune, Biirges, Boddie, Kaldcleugh, Cameron, Cox, Frink, Flowers, Forney, Gibbs, Gray,. Gavin, Hatch of Jones, Hill, of Franklin, Hawkins, Hatch of Wayne, Jackson, I>egrand, Marsh, iM'Leocl, M'Leary, Mnvphy, Martin, Pbifer, Perkins, Pearsall, Peebles, Shipnian, Sneed, Sumner, Seawell, Torreijce, Vanhook, Williams,Whitfield ,Ward,Wall—41.

Against the ])assage of the bill, are NAYS—Messrs. Albritton, Brittain^ Bowers, Beasley, Devane, Ferebee, Graves, Hai'rell, Hill of Stokes, Love, Marshall, M'Dowell, Outlaw, Parker, Riddick, Speight, Scales, Wilson, Wellborn— 19. Mr. Forney presented the resignation of John B. Harry, Major of the second regiment of Lincoln militia ; which was read and accepted and sent to the House of Commons. The Senate adjourned to 10 o'clock to morrow morning.

Tuesday, December 25, 1823. The Senate met agreeably to adjournment. A message was sent to the House of Commons, stating that thd Senate have passed a bill to amend an act, entitled " an act to appoint Commissionei's to extend the Fayetteville road from Morgan- ton to the line of Tennessee," passed in the yeai- 1818 ; a bill to a- mend the several acts of Assembly respecting weights and measures ; a l)ill to authorise John Patto.;? of Btincombe county, to convey to Thomas Kinsey aiid others, in trust, a certain portion of the Public Lands; a bill to legitimate Benjamin Fianklin Jackson, son of Pe- mia West, deceased, and Benjamin M. Jackson of the county of Pasquotank; a bill dfclaring the punishment of persons of colour,.*! in certain cases ; a bill for the relief of Female debtors ; a bill to ; authorise the administi-atoi* of William Sti-eety, late Shei-iif of Bla- den county, to collect tlie arrears of taxes dup said Sheriff; a bill to alter the times of holding the Courts of" Picas and Quarter Sessions- JOURNAL OF THE SENATE. 75

for the county of Washington ; a bill authorising the improvement

of Great Coha.ra Swamp, in the county of Sampson ; a bill to amend

the militia laws of this State, relative to the Cavalry ; a hill to re-

gulate Seine Fisheries on Blount's Creek in Beaufort county ; a bill

for the better I'egulation of the town of Nashville ; a bill to amend an act sassed at the last session of the General Assembly, entitled ** an act for the better regulation of the County Courts of Cabar- rus, Moore and Montgomery," so far as relates to the county of Ca-

bni'rus ; and a resolution instructing the President of the Board of Internal Improvements, &c. in whicii they ask the concurrence of tliat House.

Mr. Hatch of Wayne, presented the following resolution :

Resolved, That tlie Military Committee be instructed to enquire into the expediency of paying' the ofticers and witnesses of a Court Martial, ordered by the Brig'adier-Gen- eral of the third brigade in the year 1822, to try the Colonel Commandant of the Du-

plin regiment of militia, for charg-es prcfeiTed ag-ainst said Colonel ; and tliat they re-jf port by bill or otherwise. Which was agreed to. Mr. Seavvcll moved that the Committee of Propositions and Griev- ances be discharged from the consideration of the petition to them re-

ferred, in favor of Samuel Carpenter ; which was agreed to ; and the said petition being read, Mr. Seawell, for the purpose of carrying into effect the prayer of the petitioner, pi'csented tlie following

resolution : Re-iolved, That tRe Secretary of State issue a military l.md warrant to the heirs of Samuel Carpenter, a first lieutenant in the third regiment of the North-Cai'olina line in the revolutionary war. * Which was I'ead and adopted, and ordered to be engrossed. Received from tiie House of Commons, a message, proposing to ballot on this morning for four Trustees of the University of Noi'tli-

Carolina, to supply the vacancies in the said board ,• which proposi-

tioi!, to ballot on this morning, was not agreed to ; but a message was sent to the House of Commons, pro{)()sing t!iat the said ballot-

ing take place on to-morroiv morning ; and staling lliat the names of John H. Bryan, James Martin and Danicf M. Forney are nominat- ed as Trustees. Received from the House of Commons, a message, stating that they have passed a bill supplemental to an act, passed this General

Assembly, incorporating Morganton Academy ; a bill to authorise the Court of Pleas and Quarter Sessions of Washington county to

appoint a Committee of Finance ; a bill to appoint Commissioners

for tlie better regulation of Elizabeth Town, in Bladen county ; a bill to establish the mode of elections in future i,i the county of

'Wayne ; a bill to prevent any person or persons from falling timber into the Tennessee river, and the Sugar Fork thereof, within the

county of Haywood ; a bill for tlie relief of Annis Biackman, of Sampson county; a bill to amend an act, passed in 1817, entitled **an act for the better protection of the health of the inhabitants of 76 JOURNAL OF THE SENATK. the town of SmJt!)ville and its vicinity, in Brunswick county ;" a bill to rej)cal an act, |)asscd in 1718, entitled '• an act to rej)eal the first section of the 26th chapter of tlie' acts of 1791, so far as reh\tes to the counties of Robeson, Columbus, Ashe, Richtnontl, Moore, Du- plin, Carteret and Johnston, " so far as relates to the counties of

Robeson and Richmond ; a bill to secure to Sally Hampton, of Stoiies coutjty, such property as she may hereafter ac(|uirc ; and a bill to legitimate James Smith, Milly Smith, Unice Smitli, and for other purposes; which bills were severally read the first time and passed, except the bill above mentioned, entitled ' a bill to establish the mode of elections in future in the county of Wayne ; which, on motion of Mr. Bryan, was indefinitely postponed. Received from the House of Commons, a message, stating they agree to the amendments made by the Senate in the bill respecting reservations to certain Indians in the lands lately acquiied by treaty from the Cherokee nation ; and also, tliat they agree to the amendments made by the Senate in the bill to alter the mode of electing militia officers in the counties of Granville and Gates ; and to the amendments in the bill to re})eal in part an act. passed in the year 1822, entitled **"an act to regulate the patrol of Ri("hinond county. Received from the House of Commons, a message, agreeing to the proposition of the Senate for a conference upon tlie disagreeing votes of the two Houses, on the bill to repeal an act, j)assed in 1822, entitled " an act to regulate tlie Courls 'of Pleas and Quarter Sessions in the counties of Cabarrus, Moore and Montgomery," so far as relates to tlie county of Moore ; and appointing Mr. Dargan and Mr,

Seawell on the part of that House. ' Mr. \Yall moved that the Committee of Claims he discharged from the consideration of the ])etitionof Hugh lVi*Arn, of Richmond county, which was referred t(» tiiem on the 13th instant; and the same was agreed to; and the said petition being read, Mi*. Wall (foi* the purpose of carrying into effect the prayer of the petitioner) presented the following i< solution : Resolved, That the Public Treasurer pay to Hugh M'Arn t\v« Ive dollars and fifty eents, the amount of the purchase money for a tract of land g'ranted by the State, where the said lands had been previously granted to John Fontaine." •

And the resolution being read, it was resolved by the Senate, that the same shall not pass. Mr. Wellborn, from the Committee of Finance, to whom was referred the resolution of the Senate, instructing them to enquire into the expediency of reducing tlie tax imj)osed by the i-evenue laws of this State on merchants of ssnall capital, leported that it would not be expedient to reduce the said tax ; which was concurred in. ^\ Received from the House of Commons, a message, stating that they have ivjected the engrossed bill to regulate the practice in the

Superior Courts of Law in this State : and that they have indefinite- JOURNAL OF THE 8ENATE. 77

ly postponed the ens^cossed bill respectins^ the marriage of infants who bcloiiii^ to iuiy seminary of leainin,^ witliin t!iis Sl*lc.

Mr. Graves prcsorited the f(dlo\viiii:; resolution :

Itennlved, Tiiat the select Committee on Agriculture lie instructed to enquire into tl)e expediency of so iimcnding" the several acts of" the General Assembly for the pro-

motion of agriculture and domestic manufactui'es \\\ this State, that tlie several Clerks mention.ed in said acts shall h reafter i)e compelled, under ])roper penalties, to make

their n turiis, as required hy said acts ; and that they report by bill or otherwise. AVhich resolution was agived to. Mr. Jackson jn'esented a bi|l to legitimate Nancy Johnson, and others, oi" Moore county. Mr. Graves pres( nted a bill to amend the first section of an act,

passed in 5 818, entitled "an act directing a road to be laid out and opened from the town of Leaksville, in Rockingham county, by Rock- foi'd, in Surry county, to the town of Wilkesborough. Ml'. Alexander |)resented a bill to establish a poor-house in the county of Rutherford. Mr. Wiiliams presented a bill to amend the inspection laws of tiiis State, and for other purposes.

^ Whicii were severally read the first time and passed ; and the last mentioned bill was, *

On motion of Mr. Williams, referred to a select committee ; which committee consists of .¥ies.srs. Williams, xybritton, Bowers, Baker and Ilryan. The engrossed resolution to establish a board to settle the claims of the Onslow militia, was read the second time and passed. The resolution relative to the claims of a detachment of the militia of Cai'tei-et and Jones county, ordei-ed out usider the command of Colonels Hill and Foscue, was read. Mr. Baker moved to amend tlie said resolutii)ii by adding, after the word *• Foscue," the following, to-wit: '* and to audit and settle the claims of the officers and men com|)osing a detachment of the militia of Bladen county, ordered out undei' the command of Colonel Samuel B. x\ndres ;" whicli was not agreed to. The question then recurred on the passage of the said resolution the second time; and the same was determined in the negative. On tiiis question the yeas and nays were demanded by Mr. Sea-

well, ^md are as follows : For the ])assage of the resolution are, YEAS—Messrs. Alexander, Baker, Bullock, Bryan, Bcddle, Beasley, Cox, Devane, Ferebec, Forney, Graves, HarreU, liatch, of Jones, Hawkins, Hatch, of W'ayne, X.^-r grand, Martin, Pool, Shipman, Sneed, Speight, Sumner, ^Villiams, Wilson, Whitfield, Ward, Wellborn —27. Against tiie.sainresolution are, NAYS—Messrs. Albritton, Brittain, Bethune, Burges, Bovvers, Caldcleugh, Friaik, Flowers, Gibbs, Gray, Gavin, ilill, of Franklin, Hill, of Stokes, Jackson, Marshall, M'Dowell, Marsli, M'Leod, M'Leary, Murphy, Phiter, Perkins, Parker, Riddick, Sevi- well, Scales, Torrcnce, Vanhook, Wall—29. —

78 JOURNAL OF THE SENATE.

bill estahlisli a poor-liouse in t!ie The to county of Rutherford ; and the bill to legitimate Nancy Johnson and others, of Moore county, wevQ severally read the second and third time and passed, and or-

dered to be engrossed ,* and tlie last mentioned bill was amended, on

motion of Mr. Sneed, by striking out the second section, to-wit :

" ^nd he it further enacted. That this act shall be in force from and after the ratification thereof."

The bill to amend the first section of an act, passed in the year 1818, entitled *' an act directing a road to be laid out and ojiened fi'om the town of Leaksville, in Rockingham county, by Rockford, in Surry county, to 'the town of VVilkesboi-ough, was read the second and tiiird time and passed, and ordered to engrossed. The engrossed hill to authorise the Court of Pleas and Quarter Sessions of Washington county to a[)pointa committee of Finance and the bill to appoint commissioners for the better regulation of Elizabethtown, in Bladen county, were severally read the third time and passed j tlie first mentioned bill was amended on motion of Mr. M'Leod, by extending the pi'ovisions of the said bill to the county of Johnston; and the last mentioned bill was amended on motion of Mr. Shipman, by adding the name of Robert IMummer as a commis- sioner; and a message was sent to the House of Commons asking their concurrence in the amendments. The following engrossed bills, to-wit, a bill for the relief of Annis Blackman, of Sampson county—a bill to legitimate James Smith, Milly Smith and Unice Smith, and for othei- |)ui"poses—a bill to secure to Sally Hampton, of Stokes county, such j)roperty as she may iiei-eafter acquire—a bill concerning the University of North-Caro- lina^^—a bill concerning the duty of ferrymen across Albemarle Sound and its waters—a bill supplemental to an act passed this General Assembly, incorporating Morganton Academy—and a bill to prevent any person or persons from falling timber into the Tennessee river, and Sugar- town Fork thereof, within the county of Haywood, were seveially read the second and third time and passed, and ordered to be enrolled. Received from tiic House of Commons, the engrossed resolution in favour of William Drew, which was read the first time and passed ; thereupon the same was read tlie second time, and it was resolved by the Senate that the same shall not pass. Received from the House (sf Commons, tlie engrossed bill to amend an act passed in the year 1822, entitled "an act to amend an act passed in the year 1818, entitled an act to amen

". .t JOURNAL OF TUB SENATE. 79

passed, and the two resolutions last mentioned, were read and adopted, and ordered to be enrolled. The Senate adjourned to 10 o*clock, to-morrow morning.

Wednesday, December 24, 1823. The Senate met aj^reeably to adjournment. A message was sent to the House of Commons, stating that the Senate have passed a bill to amend the first section of an art passed in 1818, entiUed, '* an act directing a road to be laid out and opened from the town of Leaksville in Rockingham county, by Rockford in Surry county, to the town of Wilkesborough ;" a bill to legiti-

mate Nancy Johnson and others, of Moore county ; a bill to establish a Poor-House in the counly of Rutherford, and a resolution in favour of the heirs of Samuel Carpenter; in which they ask the concurrence of that House. Received from the House of Commons, a message, stating that Mr. Pugh and Mr. Lamon wait on the Senate as a Committee on the part of that House to superintend the balloting for four trustees of the University of North Cai'olina, and stating that the names of

William Hooper and Charles A. Hill, are added to the nomination ; thereupon Mr. Wall and Mr. Pearsall were appointed superintendants of the balloting on tlie part of the Senate. Received from the House of Commons, the Report of the Public Treasurer, containing a statement of the number of shares which this State owns in the respective navigation companies and turnpike roads, and the sums which iiave been paid on account of such shares,, accompanied with a proj)osition from that House, that the same be

printed ; which i)roposition w as agreed to by the Senate. Mr. Love presented the petitions of Felix Walker and Francis Henry, praying that money may be refunded to them, which they have paid into the Treasury, for certain lands in Buncombe county—referred to the Committee of Propositions and Grievances. Received from the House of Commons, a message, stating that they have postponed indefinitely, the bill to authorise the administrators of William Streety, late Sheriff of Bladen county, to collect arrears of taxes due said Sheriff, and stating that they have passed a bill to amend an act passed in 1817, entitled "an act directing a road to be laid out, and opened from the town of Fayetteville to Morganton ;" a bill to alter the time of holding certain terms of

the Courts therein mentioned ; a bill to amend the laws respecting

wrecks and wreck property ; a bill to divorce Daniel Notnucaser of Davidson county, fnmi his wife Cathai'ine; a bill to legitimate and alter the names of Emereldy Thomas, Elias Thomas and Eilis

Thomas, children of Elias Taft of Pitt couuty ; a bill to repeal an act passed in 1822, entitled " an act directing the manner of appointing patrollers in tlie county of Davidson;'* a bill to appoint Com- 80 JOURNAL OF THE SENATE.

missioiiers for the town of Swansborougli in Onslow county ; a bili

to incofpoi'atc Friendship Academy in Dupiin county 5 a bill to a- mend an act passed in the year 1813, entitled *' an act to alter and ;" re,::;!! I ate the annual elections in Hyde county a bill j)rescribing the niannei" in which the Sheriff of Buncombe county, shall pay over tlje tax laid for h'lildini™' a Court-House, in said county: and a bill to authorise AViliiam iS^cal and Isaac Word of Rowan county, to erect ,2;ates f)n their own lands on the road leading- thiough their

plantations in said county, and asking the concurrence of the Senate ; thef-eupon the said bills were severally read the first time and passed. Mr. Wellborn moved to suspend the 12th rule of the Senate, which requires that a motion made to reconsider a question, shall be niade on the same or succeeding day, for the purpose of reconsidering the Report of the Committee of Finance, on the subject of reducing the

tax on Pedlars ; which was not agreed to. Mr. Gray presented a bill to legalize and render valid certain

grants therein mentioned ; and Mr. Williams presented a hill to alter

the names and legitimate Sally Aim Woolard and E incline Woolard ; Mdiich were severally read the fust time and passed. The engrossed bills, to- wit: A bill to repeal an act passed in the year 1818, entitled " an act to repeal the first section of the 26th chapter of the Acts of 1791, so far as relates to the counties of Ro- beson, Columbus, Ashe, Riclnnond, Moni-e, Duplin, Carteret and Johnston," so far as relates to the counties of Robeson and Rich-

mond ; and the hill to amend an act passed in the yeai* 1 317, entitled "an act for the better* piotection of the health of t!)e inhabi- 4 tants of the town of Smithville, and its vicinity, in Brunswick county ;" were severally read the second and third time and passed, and ordered to be enrolled. The bill to amend an act passed at the last session of the General Assembly, entitled " an act to provide a revernie for the payment of the civil list, and contingent charges of government," was read the second and third time and passed. The engrossed bill to amend an act, entitled " an act regulating

descents passed in the year 180S," was read the second time : Mr. Gray moved to strike out "twelve" and insert "ten," in t!ic 10th line of the first section, and Mr. Seawell moved an amendment, to strike out the first section from the word " same" in the 4th line, and to insert " that in case any lands or tenements shall descend to any person or persons who at the time of such descent arc tiie only heirs, and such heirs or either of thcjn shall sell or disj)ose of, for a valuable consideration, such estate or any part thereof, the said conveyance shall !»e held and deemed effectual in law, against the claim of any after born heir, except such heir as shall be born within ten months after the happening of the first descent ;" which was not agreed to. The question then recurred on the amendment pro- :

JOURNAL OF THE SENATE. 81 posed by Mr. Gray, v\hich was agreed to, and thereupon tlie said bill passed the second time ; and On motion of Mr. Hatch of Jones, the further consideration thereof was postponed until to-moi-row. Mr. Martin movnl to reconsider the ens^rossed resolution jn favour of William Drew, rejected by the Senate on yesterday, wliicli motion to reconsidei* was a,a;reed to, and the same beinj^ reconsidered, and amended, on motion of Mr. Martin, to sti'ike outt he Moi-ds, *' he failed to attend owing* to the indisposition of himself and tlie Judge," and to insert " lie attended and foi* the attendance of which he obtained no certificates from the Clerk, because tlie Judge who was to hold tlie ('ourt, was prevented from doing so by sickness;" thereupon the same was read the second and third time and passed, and a message was sent to the House of Commons asking their concurrence in the amendment- On motion of Mr. Love, a message was sent to the House of Com- mons, proposing to ballot immediately for a Colonel of Cavahy attached to the 15th brigade of the militia, and nominating for the appointment Wm. M'Gimpsey. The engrossed bill to amend an act, passed in the year 1822, entitled " an act to amend an act passed in the year 1818, entitled an act to amend an act passed in the year 1815, to incorporate a com- pjiny and make a turnpike road from Fungo river in Hyde county, to the town of Plymouth in Washington county," was read the second time and amended on motion of Mr. Cox, by adding the following proviso :

Provided never thsl-ess. That no part of the sum hereby appropriated, shall be paid until the hke sum of two tliousand five hundred dollars, shall have been, subscribed and paid by individuals, or secured to be paid by individual subscribers for the stock of said Company, to the satisfaction of the Treasurer.

Thereupon the said bill passed the second and third time, and a message was sent to the Hotise of Commons asking their concur- I'ence in the amendment. Mr. Cox, the Senator from the county of Washington, obtained leave of absence from the services of this House, from and after this day, until the end of the session. The bill concerning usury was read the third time; Mi-. Hill of Franklin moved that the said bill be indefinitely postponed, which was not agreed to. On this question the yeas and nays were demanded by Mr. Hill of Franklin, and are as follows For the indefinite postponement are,

YEAS.—Messrs. Albritton, Brittain, Bowers, Beasley, Callaway, Devane, Ferebee, Flowers, Graves, Ilarrell, Hill, of Franklin, Hill, of Stokes, Love, Marshall, M'Dowell, M'Lear}', Outlaw, Phifer, Perkins, Parker, Pool, Riddick, Sneed, Speight, Scales, Williams, Wilson, and Wellborn—28. 11 ' :

82 . JOURNAL OF THE SENATE.

Against the indefinite postponement are, NAYS—Messrs. Alexander, Baker, Bullock, Bryan, Bethune, Biirges, Boddie, Cam- eron, Cox, Frink, Forney, Gibbs, Gray, Gavin, Hatch, of Jones, Hawkins, Hatch, of AVaMie, Jackson, Lcg-i'and, Marsli, M'J.eod, Murj^hcy, Martin, Pcarsall, Peebles, Sliiijman, ;?umner, Scawell, ToiTence, Vanhook, Whitfield, Ward, "Wall—33.

Mr. Hill, of Fiiuiklin, moved "to amend the sail bili, by addinj;' the following section :

" Be it further L'iKifU'd, 'i'iiat if, in any action broug-ht, the defendant sliall file an aflidavit that the contract upon wliicli the action is broug-ht is usurious, and the Plain- tiff sliall not deny tlie facts to t'nat point, by counter affidavit, tlien, and in that case, there shall be judg-nient rendered by the Court in favor of the Defendant.

Which amendment was not agreed to. , Mr. Martin tlien moved the following amendment

'' J]nd be it further enacted. In all suits hereafter brought, upon any contract, the

Defendant shall be authorised to file his aftida; it at the time of pleading' in the cause ; and in case it shall be stated in tlic said aifidavit, that more than six per cent has been taken or reserved for the forbearance of the payment of one hundred dollars, for one year, and in the same proportion tor a longer or a shorter time, the said affidavit shall "be taken as prima facia evidence of the fact so stated, imlesss the Plaintiff in said suit shall file a counter affidavit, denying the truth of the said statement ; and wherever it shall appear that any person has exacted a greater rate of interest than above mentioned, he shall not recover in any Court of justice more than the original sum loaned,, ancf the costs of suit : Frcirided, this act shall not extend to suits instituted for atid on behalf of the estate of any deceased person."

Wiiich amendment was not agreed to. The question then recurred on the passage of the said bill the third time ; and the question tliereon was determined in the negative. The resolution to establish a board to settle the claims of the Ons- low Militia, was read the third time; and it was resolved by the Senate, that the same shall not pass. On this question the yeas and nays were demanded by Mr. Sea- well, and are as follows : For the passage of the resolution are, YEAS—Messrs. Alexander, Bullock, Baker, Biyan, Beasley, Cameron, Cox, Devano Forney, Graves, Hatch, of Jones, Hatch, of Wayne, Love, B^Iurphy, Martin, Pearsalh Pool, Shipman, Sneed, bpcight, Williams, Wilson, Whitfield, Ward, Wellborn—25. Aji-aihst tho ])assage of the resolution are, NAYS—Messrs. Albritton, Brittain, Burges, Bowers, Boddie, Callaway, Frink, Fe- rebee. Flowers, Gibbs, Gray, Gavin, Hill, of Franklin, Hill, of Stokes, Jackson, Mar- shall, M'Dowell, Marsh, M'Leod, M'Leary, Phifer, Parker, Peebles, Riddick, Scales^ Seawell, Ton-ence, Vanhook, Wall—29. *' The engrossi^l bills, to-wit : a bill to amend an act, passed in the year 1813, Intltletl an act to alter and regulate the annual elections in Hyde county ;" and the bill jnTScribing the manner in which the Sheriff of Buncombe county shall pay over the tax laid for building a Courr-House in said county, w^ere severally read the second and third time and passed— the first mentioned bill with an amend-

ment, on motion of Mr, Gibbs, by adding the follow ing : JOURNAL OF THE SENATE. 80

' ^nd be it further enacted, Tliat an election for members of Assembly and members

of Congress shall be held at the house of Parroh FaiTow, at Keiukut ; and at the house of Charles Foster, at or near the Cape in Hyde county, on the Friday preceding;

the day by law appointed for such elections in the other pai'ts of H\dc county ; and the election of President and Vice President of the United States shall be held at the

same places, on the day by law appointed ; all wliich elections sliall be held under tlie same laws, rules and regulations as are or may be prescribed, any law or usage to the contrary notwithstanding."

And the last mentioned bill was amended, on motion of Mr. Biit- tain, by addini^ in the seventh line of the first scctioii " by direction of the Commissioners appointed to superintend the building of a Court-Housc ;" and a message was sent to the House of Commons, a'sking their concurrence in the said amendments. The bill to alter the names and legitimate Sally Ann Woolard and Emeline Woolard, was read the vsecond and third time and passed, and ordered to be engrossed.

The following engrossed bills, to-wit : a bill to incoi-porate Friend-

ship Academy, in Duplin county ; a bill to appoint Commissioners for the town of Swansborough, in Onslow county t, a bill to repeal an act, passed in the year 1822, entitled "^ an act directing the man-

ner of appointing patrollers in the county of Davidson ; a bill to divorce" Daniel Noomcaser, of Davidson county, from his wife Catha- rine ; a bill to legitimate and altei* the names of Emeraldy Thomas, Ellas Thomas a'nd Ellis Tiiomas, children of Elias Taft, of Pitt county ; a bill to amend an act, j)assed in 18ir, entitled " an act directing a road to be laid out and opened from the town of Fayette- ville to Morganton ;" a bill to alter the time of holding certain terms of the Courts thei'ein mentioned ; and a bill to authorise Wm. Neal and Isaac Word, of Rowan county, to erect gates on their own lands, on the road -leading through their })lantations, in said county, were severally read tiie second and third time and passed, and ordered to be enrolled. Mr. Pearsall, from tiiQ^ committee api>()inted to conduct the balloting for Trustees of the University of this State, reported that John H. Bryan, Daniel M. Forney and James Martin \\('re duly elected, and that no otiicr person had received a majoritj of the votes ; whicli re])ort was concurred in. The resignation of Z. Herndon, Justice of the Peace of Orange county, was received from the House of Commor.s, endorsed in that House, read u!id accepted, and the same was read and accepted by the Senate. The Senate adjourned to 10 o'clock, to-morrow morning.

Thursday, December '25, 1823. The Senate met agreeably to adjournnuiiit." A message was sent to the House of Commons, stating that the Senate have passed an act passed at the last session of the General 84 JOURNAL OP THE SENATE.

Assembly, entitled an act to provide a i-eveniic for the payment ot* the civil list and contin,ênt cliai'iês of iôvenimcut—and a bill to altri- tlie names ^nd legitimate Sail} Ann >Vool!ird and Emolinc AVooIatd, in which they ask the concunence of that House. On motion of Mr. I'earsall, a messa.jê was sent to the House of Commons, proposing Ihat a balloting innnediatel} take place for a Trustee of tiie University of Mortb-Caroliria, yet to be elected. Mr. Hill, of Stokes, from the Committee of Confi^-efice on the part of the Senate, on the disagreeing votes of the two Honsrs, on the amendment ])rop(>sed by the House of Commons, to insert the county of Montgomei-y in the bill to repeal an act passed in 1822, entitled an act to regulate the Courts of IMeas and Quartei* Sessions in tlie counties of Cabarrus, Moore and Mojitgomcry, so far as respects the county of Moore, reported tliat they met the Committee of Conference on the part of llie House of Commons, and stated the reasons of the two Houses on their

priety of compelling, under proper penalties, the several clerks i in this state to perform the duties requiied ot tliem under the seve ral acts of the General Assembly, for the promotion of agriculture and domestic manufactures within this stiite, reported a bill to amend the 9tb, lOth and 11th sections of an act, entitied an act to promote agi'iculture and family domestic manufactures within this state* vhich was read the first time and passed. JOURNAL OF THE SENATE^ 85

Received from the House of Commons, a message, statin/2; that Mr. L. Cherry and Mr. Melviu attend tlse Senate as a committee on the j)art^»f that House, to conduct the ballotin^^ for Lieutenant- Coh)nel of Cavali-y attached to tlie 15th bri,;2jade of the militia, ami that tlie name of Edwin Poor is added to the noniinafion. Tiiere- npon Mr. Pearsall and Mr. M'Doweil were appointt'd superiiiten- dants of liii' ballotin.2; on tiie part of the S<^nate. Mr. Wellborn j)resented a bill to authorise certain perscnis hereaf- tci- named, to raise by way of h)ttery, live hundred and fiiiy dollars, for building a bridj'j^c across the Soutli Yadkin, which was raid the iirsi time and passed.

Mr. Speij^ht presented the followin,^ resolution :

Whereas, there is a contract now existing- between the Board of Internal Improvement on belialf of the State of North-Carolina, on the one part, and Hamilton P'ulton, Esq.

Civil Engineer, on the other jiart : And wliereas it io the opinion of this Geiierid As- sembly, that the suras of money hitherto advanced bj' the State to the said Hamil-

ton Fulton, as well tor salary as contingent expences, are oppressive and unjust : Reaotved tlmrefore, that the said Hamilton Fulton be allowed a sum per annum, not exceeding; two thoivsand five hundred dollars, including his contingent eSpcnses.

Which was ordei-ed to lie on the table. R

^ind be it further enacted, that any purchaser of any tract of said land, or tlie heirs of such purchaser, may assign, and transfer his or her riglit under the certificate of his purcl.ase granted by the Commissioners to such purcliaser, by deed for g-ood and valuable consideraton, and such deed being prcveti, or acknowledged and recorded as otiier deeds of are to or land by Jaw requred be proved acknowledged and recorded ; and sucli deed being filed in the office of the Secretary of State, and certificate from the Treasurer of the State that the purchase money of sa,d land has been paid to the State, it sliall be lawful for the SecretaiV of State to issue a grant for such land to the assignee aforesaid, expressing in such grant that the s.iid gi'ant is made to the said g'vantee, by virtue of tlie assignment from the original purchase. Which amendment was agieed to by the Setiate. Mr. M'Doweil, from the committee appointed to conduct the balloting for a Lieutenant Colonel of Cavalry attached to the 15th brigade of militia, reported tliat no person in nomination had received a majoi-ity of the votes. Received from the House of Commons, a message, consenting to ballot immediately for a Major of Cavalry attached to the 14th brigade, and stating that Mr. Lamon and Mr. Williamson, of Person, attend the Senate to receive the ballots. Thereupon Mr. Wall and Mr. Hatch, of Wayne, were appointed super! ntendants on the pnrt of the Senate. Received also a message, proposing to ballot immediately for a Lieutenant Colonel of Cavalry, attached to the 10th brigade of militia, and nominating for appointment, Joiin that Zisnmerman ; which proposition was agreed to, and Mr. Alexander and Mr. V»\\- 86 JOURNAL OF THE SExNATL.

son were apointed superintendants of the baNoting on the part of the Senate. Received from the House of Commons, a message, stating that they have passed the engrossed bill to alter the names of, and legitimate Sally Ann Woolard and Emeline Woolaid, vvitij an amendment to add the letter s to the name Cmther, where it appears in the bill ; which amendment was agieed to b} the Senate. Received also a message, stating that tlie House of Commons agree to the amendment made by the Senate to the bill to amend an act passed in the year 1822, entitled an act to amend an act passed in the year 1818, eiititled an act to amend an act passed in the year 1815, to incorporate a company and make a tuiiijiike road from Pungo river, in Hyde county, to the town of Plyinouth, in Washing- ton comity. Thereupon the said bill was ordei-cd to be enrolled. Received from the House of Commons, a message, stating that Mr. Holland and Mr. Pugh attend the Senate as a committee on the part of that House to conduct the balloting for a Lieutenant Colonel of Cavalry attached to the lOth brigade of militia. The bill to authorise certain persons hereafter named, to raise by w-ay of Lottery, five hundred and fifty dollars foi* building a bridge across the South Yadkin, was read the second time. Mr. Gray-

moved that the said bill be indefinitely postponed ; which was not agreed to. The question tlien recuri'ed on the passage of the said

bill, which was determined in the atlirmative ,• and thereupon the said bill was read the third time and passed, and ordered to be engrossed. Mr. Caldcleugli presented a bill to establish a Superior Court of Law and Equity in the county of Davidson; and Mr. M'Dovvell presented a bill to authorise the making and improving the road from Moi'ganton to the Tennessee line, which were severally read the first time and passed. The engrossed bill to amend the laws respecting wrecks and wrecked pro])erty, Nvas read the second and third time and passed, and ordered to be enrolled. Received from the House of Commons, a message, stating that they have passed the bill to authorise and direct tlie sheiiff of David- son county to pay over the taxes collected for the public buildings, to the commissioners of public buildings for said county ; a bill to alter the names and legitimate Milbry Stokes and Charlotte Stokes j a bill to alter part of the line dividing the two regiments of militia in Sui-ry county: a bill concerning the sheriff of Cumberland county, and the special justices of the town of Fayetteville ; a bill to authorise the county Court of Robeson to appoint a committee of finance ; a bill for improving the navigation of Crane's creek, in the county of Cumberland i and a bill to remove obstructions in Pungo creek and for other purposes, which bills were severally read the :

JOURNAL OF THE SENATE. 81 first, second, and lliird time and passed, and ordered to be enrolled. Received IVoni the House of Conimoiis, the resignations of R. Williams, Col. Commandant of the militia of Fi'anklin county, and Wm Durham, Major of the first regiment of the militia, of Stokes county, endorsed in that House *' read and accepted," and the same were read and accepted by the S;?^nate. The Senate adjourned until to-morrow morning, 10 o'clock.

Friday, December 26, 1823. The Senate met agreeably to adjournment. Mr. Hatch, from the committee appointed to conduct the balloting for a Major of Cavalry attached to the 14th brigade of militia, reported that Joseph White was duly elected j which report was concurred in. Ml*. Wilson, from the committee appointed to conduct the balloting for a Lieutenant Colonel of Cavalry attached to the 10th brigade of militia, reported that John Zimmerman was duly elected j which report was concuri'ed in. Mr. Wellborn presented the following resolution, to-wit

Whereas it appears from the sale books, now in the office of the Treasurer, that Wm. Silar, of Haywood count}', in the year 1821,. purchased two hundred and twenty-seven and an half acres of the pubhc lands commonly called the Cherokee lands, at the price of four dollars per acre, making in amount the sum of nine hundi'ed and ten

dollai-s : And whereas it appears, that by a mistake in the clerk that drafted the three bonds for the three last instalments, that the sum as mentioned in each of said bonds, is two hundred and thirty-seven dollai-s and fifty cents, instead of the sum oF two hundred and twenty-seven dollars and fifty cents each, making- a mistake in the three bonds of thirty dollars, as will appear by said sale book, and also by the cash paid down, and tlie bond given for the first instalment ofthe purchase money of said land, which said first instalment, when added to the money promptly paid, was equal to one-fourth of the whole sum, and amounts to two himdred and twenty-seven dol-

lars and fifty cents : And whereas it appears by the said mistake, the sum of one hundred and eighteen dollars and seventj^-five cents was collected on the note given for the second instalment of said pmxhase, it being the one-eighth part thereof, when only the sum of one hundred and thirteen dollars seventy-five cents was due thereon. Be it therefors resolved, that the Public Treasurer be authorised to con-ect the mis - take made in the amount of eacii of the bonds given for the three last instalments of the purchase money of said land, by entering a credit on each of said bonds to the a-

mount of such mistake : And be it resolved further, tliat the Public Treasurer of the State refund to said Wm. Siler, the sum of five dollars, that was in consequence of said mistake of the clerk aforesaid, collected from him. Which was read the first time and passed. A message was sent to the House of Commons, stating that the iSenate have passed a bill to incorporate the Lincoln Agricultural ISociety, and the bill to authorise certain persons hereafter named, to raise by way of Lottery five hundred and fifty dollars, for building la bridge across the South Yadkin, in which they ask the concur- Irence of that House. Received from the House of Commons, a message, stating that Bthey have passed a bill to exempt certain citizens of the county of 88 JOUllNAL OF THE SENATE.

Beaufort, from certain duties ; a bill to repeal the 7th section of au act piiHscd ill tlieyoar 1822, autliorisin;^ cei-taiii counties therein inentjoued, to apj)oint a Committee of Finatice, so far as i-esj)ects the couMij of Anson ; a hill to repeal part of tlie tenth section of an act oi' the Genci-al Assembly, passed in the year 1784 ; a hill to repeal an act, entitled * an act to establish a Court of l*rohatc in tlie county of Cumheiland, and for «»ther purj)oses ;" a hill to repeal the 44th section of an act ])assed in the year 1741, e»\titlcd • an act concernin,';; servants and slaves;" a hill to extend the time for registration of grants, mesne conveyances, powers of attorney, hills of sale, and deeils of gift; a hill to authorise Daniel Dougherty of

Lenoir county, to erect a bridge across Neuse river ; a hill to amend an act passed in tlie year 1821, entitled "an act to amend an act, passefl in the year 1810, entitled an act to amend an act, passed in the year 1809, entitled an act to amend the sevei-al acts heretofore passed, relati\ e to tiic rem(»val of obstructions to the passage of (ish up the several rivers within this State, so far as relates to the Pedeo and Yadkin rivers ;" a hill for the more convenient admmistiation of justice in the Court of Pleas and Quarter Sessions «)f the county of Ilockingliam ; a bill to establish a poor-house in the county of Chowan;" a bill making compensation to tiie Juroi's of the Supe- rior and County Courts of Hertford and Gates ; a hill concerning the Couits of Pleas and Quarter Sessions of Moore and Sampson Counties, and aljill to estahlisii To'vvn Creek Academy inEdgcomhe county, and to incorporate the Trustees thereof; also a resolution in favour of the Protestant Episcopal Church in Raleigh, and asking the concurrence of the Senate ; thereupon the said hills were sevei'tilly read the first lime and passed: and the resolution was a do|jtcd and ordered to be enrolled. Mr. Camei'on, from the Committee on Internal Improvements, to whom was referred a hill to appoint Commissioners to superintend the building of two bridges on the great stage road in the counties of Wilkes and Ashe, repoi'ted the said bill recommending an amendment to strike out the whole of said bill, except the. words " a hill,'" and to adopt the one by him submitted ; whi(;h was agreed to, and the same as amended was read the second time and passed. Mr. Forney moved that the bill concerning the Cape-Fear Navi- gaticm Company, and the resolution relative to the salary of the Ci- vil Engineer, he commiticd to a committee of the whole IloOse, and made the order of the day for to-morrow ; w hich w as agreed to. The Senate entered upon the orders of the day, and the bill to authorise the' making and improving a road from Morganton to the

Tennessee line, was read tlie second time ; Mr. Wif^on moved that the said bill be indefinitely postponed, and the question thereon was determined in the affirmative. ^ On this question ihe yeas and nays were demanded by Mr. Wil- son, and are as follows : : :

JOURNAL OF THE SENATB. 89

For the indefinite postponement, ai'e YEAS— Messrs. Albritton, Baker, Bowers, Beasloy, Ferebee, Flowers, Cibbs, Gray, Gavin, ILirrell, Mill, of Franklin, Jackson, Marsh, Phiit'er, Perkins, Pears:il!, Parker, Peebles, Pool, Kiddick, Shipman, Speig-ht, Williams, Wilson, Whitfield—25. A(i^;iinst the indefinite postponement, arc NAYS —Messrs. Alexander, Brittain, Callaway, Caldcleug'h, Cameron, Devano Frink, Forney, Hatch of Jones, Hill of Stokes, Love, Legrand, Marshall, M'Dowell M'Leary, Murphy, Martin, Outlaw, Sneed, Scales, Torrencc, Vaniiook, Wellborn— 23. The Senate continued on tiie orders of the day, .uid tlie bill to a- mend the 9th, 10th and 1 1th sections of an act, entitled " an act to promote agriculture and family domestic manufactui-es, within this State," was read the second time and amended in the title, on motion of Mr. Hatch of Jones, by striking out the words *' the 9th,

10th and 1 1th sections," and inserting the words " and extend the provisions." Mr. M'DoNvell moved that the said bill be indefinitely postponed, which was not agreed to ; the question then recurred on the passage of the said bill the second time, and the same was determined in the affirmative. Tiie Senate continued on the orders of the day, and the bill to establish a Superior Court of Law and Equity in the county of David- son, was read the second time and passed. The bill to legalize and r-ender valid certain grants therein named, was read the second time ; Mr. Gray moved to strike out " are only," in the seventii line of the enacting clause, and insert " may have been," which was agreed to. Mr. Sneed moved to further amend the said bill by adding the following proviso

Provided, That nothing in this act shall be construed to, or to affect any grants where there may have been a grant or grants for the same lands, under a regular certificate signed by the surveyor. Which was not agreed to. Mr. Cameron then moved to add the following proviso:

Provided, That nothing contained in this act, shall be construed to affect the titles of any land for which suit is now pending in any of the Courts of this State.

Which was agreed to. The question tlien recurred on the passage of the said bill the second time, and the same was determined in the afHrmative. On this question the yeas and nays were demanded by Mr. Sneed, and are as follows For the passage of the bill are,

YEAS—Messrs. Albritton, Alexander, Baker, Bullock, Bryan, Bethune, Burges, Bowers, Beasley, Callaway, Cameron, Devane, Frink, Ferebee, Flowers, Forney, Gibbs, Gray, Gavin, Graves, Harrell, Hatch, of Jones, Hawkins, Hatch, of Wayne, Love, Legrand, Marshall, M'Dowell, Marsh, M'Leod, M'Leary, Martin, Piiifer, Per- kins, Parker, Peebles, Pool, Riddick, Speight, Seawell, Vanhook, Williams, Wil- son, Whitfield, Wellborn—45. 12 9t) JOURNAL OF THE SENATE.

Against the passaj^e of the said bill are,

NAYS—Mesbis. Brittain, Hill, of Franklin, Hill, of Stokes, Jackson, ilurphy, SnceJ, Sumner, Scales, Ward—9.

Mr. Graves, from the Committee on the Militia Laws, to wlioni was referred tlio resolution of the Senate of the 19th instant, in- strutMJn;^ them (o enquire into tlie expediency of so amendinaj the mili'ia laws of this State, as to prohibit free persons of colour from performin,^ military duty, reported a bill to amend and explain the sixth section of an act passed in 1814, entitled " an act foi* the more perfect organization of the militia of this State," which was read the first time and passed. The resolution in favour of William Siler of Haywood county, was read the second and third time and passed, and ordered to be enj^rossed. Xhe bill to repeal the 44th section of an act, ])assed in the year 1741, entitled " an act concerning servants and slaves," and the bill to extend t!ie time for registration of grants, mesne conveyances, powers of attorney, hills of sale and deeds of gift, were severally read the second time and passed. The engrossed bill making compensation to the jurors of the Su- perior and County Couits of Hertfoid and Gates, was read the second time, and o!i motion of Mr. Sumner, was indefinitely postponed. The engrossed bill to authorise Daniel Dougherty of Lenoir county, to erect a bridge across Neuse river, was read the second time, and amended on motion of Mr. Hatch, of Jones, by adding the following proviso :

Provided, That one arch of said bridge, covering the deepest water in the river,, shall be at least thirty feet wide.

The question then lecurred on the passage of the said bill the se- 1 cond time, which was determined in the affirmative ; thereupon the said bill was read the third time and passed—a message was sent to the House of Commons asking their concurrence in the amendment. The engrossed bill relative to the removal cf obstructions to the passage of fish up the several rivers within this State, so far as relates to the Pedee and Yadkin rivers, was read f Mr. Martin moved to amend the same by striking out the whole of the bill from the word " same," in the third line of the enacting clause, and inserting ** that the several acts of Assembly, heretcufore passed, creating penalties for the iibsti'uction of the passage of fish up the South Yad- kin river, be and the same are hereby repealed." Mr. Cameron moved that the bill, together with the amendment, under consideration, lie on the table ; wliich was agreed to. On motion, a message was sent to the House of Commons, stating the Senate insist on their amendment to the engrossed bill to ;

JOURNAL OF THE SENATE. 9l authorise the Court of Pleas and Quarter Sessions of Washington county, to appoint a Committee of Finance. The following? engrossed bills, to-wit: A bill for the more convenient administration of Justice in tlie Court of Pleas and Quarter

Sessions of the county of Rockingham ; a bill to repeal the 7th section of an act passed in the year 1822, authorising 'ertain counties thei-ein mentioned, to appoint a Committee of Finance, so far as respects the county of Anson ; a bill to repeal an act, entitled "an act to establish a Court of Probate in the county of Cumberland, and for other purposes;" a bill to exempt certain citizens of the county of Beaufort from certain duties ; a bill to establish Town Creek Academy in Edgcombe county, and to incorporate the trustees thereof; a bill to repeal part of the 10th section of an act of the

General Assembly i)asscd in the year 1784 ; a bill to establish a poor-house in the county of Chowan, and a bill concerning the Courts of Fleas aiul Quarter Sessions of Moore and Sampson counties, were severally read the second and third time and passed, and ordered to be enrolled. On motion of Mr. Hawkins, the bill creating a permanent fund for Internal Improvements, and to consolidate the several acts of As- sembly creating funds for that purpose, was taken into consideration and read the second time. Mr. Hawkins moved tiiat tise said bill be indefinitely postponed and the question thereon was determined in the affirmative. On this question, the Yeas and Nays were demanded by Mn Hawkins, and are as follows. For the indefinite postponement, are YEAS— Messrs. Albritton, Alexander, Baker, Brittain, Bryan, Bethune, Burg'es' Bowers, Boddie, Beasley, Cameron, Devane, Frink, Ferebee, Forney, Flowers, Gibbs, Gray, Gavin, Graves, Harrel], Hatch, of Jones, Hatch, of Wayne, Hill, of Franklin, Hill, of Stokes, Hawkins, Jackson, Love, Leg-rand, Mai'shall, M'Dowell, Marsh, M'- I^eod, M'Learj', Murphey, Martin, Phifei', Pearsall, Parker, Pool, Riddick, Siitpman, Sneed, Speight, Scales, SeaweD, Tori'cnce, Vanhook, Williams, Wilson, Whitfield, Ward, WaU, Wellborn—54. Against the indetinite postponement, are NAYS—Messrs. Callaway, Peebles—2. The Senate adjourned to 10 o'clock, to-morrow morning.

Saturday, December 27, 1825. The Senate met agreeably to adjournment. A message was received from the House of Commons, stating that the Senate have passed a resolution in favour of \Vm Silar, of Hay- wood county, and asking the concurence of that House. On motion, Mr. Gray, the Senator from the county of Randolph, and Mr. Phifer, the Senator from tlie county of Cabai'rus, obtained leave of absence from the services of this House from after this day until the end of the session. 92 JOURNAL OP THE SENATE.

Mr. Cameron presented the following resolution :

Mesolved, that the Public Treasurer pay to each of the cl(>or keepers of the two Houses of this General Assembly the sum of twenty -five dollars, being the usual allowance for the employment of hands for cutting and carrying wood and water during the present session. Jlesolved further, that the joint rule which requires all resolutions for the appropriation of money, to be,read three times in each House, be dispensed with, so far asre- lalcs to this resolution. Which was read and adopted, and ordered to be engrossed. Mr. Williams, iVom the select committee to whou) was referred a bill to amend tlie inspection laws of this state, and for otiicr j)iirpo- ses, reported the said bill witliout amendment, and the same being read, was on motion, inilefinitely postponed. Mr. Bryan, from the Committee on the Criminal Law, who were irjstructed to enquire into the expediency of establisliing a Peniten- tiary," &c. made a detailed report on the subject ; and stating that they are not pre})ared to say that it is expedient nt this time to in- troduce this fujidan^cnta! change into the Criminal Code of the State; which being read, on motion of Mr. Bryan, the committee was dis- chargifi from the fuitiier considei'ation of the subject. Mr. Forney, fj-oni the Committee of Propositions and Grievances, to whom was referred the petition of Felix Walker, of Haywood county, rejjortcd the following resolution : Hesolved, That the prayer of the petitioner ought not to be granted.

Which was agreed to. Mr. Martin, from tite Committee on Criminal Law, to whom was refeij-ed a bill to regiilaie the time of holding the -Superior Courts of Law and Equity in tiie 5th Judicial Circuit, reported the said bill, with an amendment, to strike out the secovid section ; which was not agreed to ; and, theieupon, the said bill \n as read the second time and passed. Mr. Martin, from the same committee, reported a bill to alter the punishment of the crime of perjui-y ; and Mr. Gavin presented a bill relative to company musters of the militia. Which were severally read tlic first time and passed. On motion, Mr. Pearsall, the Setiator from the county of Duplin, obtained leave of absence fi-om the services of this House, from and after this day, until the end of the session.

Received from the House !)f Commons, a message, stating that they have passed the engrossed bill to authorise and empower the Com- missioners of the town of Smithfield to levy and collect additional taxes, and for other purposes, with an amendment to insei-t the words " fifty cents," after the word^* dollars." in the fourteenth line; which amendment was agreed to by the Seriate. Received from the House of Commons, a message, stating that they concur in the amendment made by the Senate to the engrossed JOURNAL or THE SENATE. 93

bill to authorise Daniel Dougherty, of Lenoir county, to erect a bridge across Neiise river, and to the aniendincnts njadc by the Se- nate in the several bills, entitled an "act to amend an act, passed in the year 1.813, entitlo/l an act to alter and regulate the annual elections in Hyde county ;" and a bill prescribing the manner in wliich the SheriiTof Buncombe couiity shall pay over tllie tax laid for build-

ing a Court-Honse in said county ; and that they recede- fi'om their amendment made in the hill to authorise the Court of Picas and Quartei' Sessions of Washington county to appoint a Committee of Finance. Thereupon, the said bills were severally ordered to be enrolled. Received from the House of Commons, a message, proposing to

ballot iinmediately for a Board of internal Improvements ,• v.liich proj)osition was agreed to, and Messrs. Hill, of Stokes, and Hatch, of Wayne, v>ere appointed superintendunts of the balloting on tlie part of the Senate. Received from the House of Commons, a message, proposing that a balloting take place for tije remaining Trustee of t!ie University

of North-Carolina yet to be elected ; ati.l stating that the names of Bishop Ra\ejiscroft and John A. Cameron are witisdrawn from the

Jiomination ; and that Mr. Pugh and Mr. Eynnm attend the Senate

as suporintendants of the balloting on the part of that House ; whicii pro})osition to ballot was agseed to, and the name of Josepi; Haw-

kins added to tlie nomination ; and Mr. M'Dowel! and Mr. Speight weie appointed supei-intendants of the balloting on the part of the Senate. The engrossed bills, to-wit: a bill to extend the time for registration of giants, niesise conveyances, powei'S of attorney, bills of sale, and deeds of gift; and a bill to repeal the 44th section of an act, passed in the year 1741, entitled "an act concerning servants and slaves," were severally icad the third time and passed, and ordered to be enrolled. Mr. Speight, from the committee appointed to conduct the b.illot- ing for a Trustee of the University, reported that no person was elected. Received fi'om the House of Commons, a message, proposing to postpone balloting tiiis session for one Trustee of tiic University ; which proposition was agreed to. Received from the House of Commons, a message, stating that Mr. Blackledge and Mr. Ashe attend the Senate as a committee on the j)art of tliat House to conduct the balloting for a Board of Inter- nal Improvemeuts. Also a message, stating that they iiave passed the follov.ing bill^;, to-wit : a bill to provide for tiie paying of Jurors of the county of

Wayne ; a bill to incorporate the P>li!t;on Male xVcademy, in the

county of Caswell ; a bill to keep open Goose Creek, in Craven :

94 JOURNAL OF "the SENATE.

county ; a bill to amend and continue in force an act, passed in the year 1820, entitled " an act aj)pointing Commissioners for fixing upon a suitable place for the public buildings in Hyde county, and for other purposes ;" a bill to regulate the Courts of Pleas and Quarter

Sessions of Duplin county ; a bill to regulate the seine fisheries on

Tranter's Creek ; a bill for the relief of Elizabeth Hoggatt, of the county of Guilford ; a bill to divorce Jacob Johnston, of Chatham county, from his wife Hannah ; a bill authoi-ising the Court of Pleas and Quarter Sessions of Rowan county to levy a tax and appoint

Commissioners to build a bridge across the South Yadkin River ; a a bill directing the appointment and time of holding the Board of

Appeals for Washington- county, and for other pur])oses ; a bill to incorporate New Providence Library Company ; a bill to increase constables' fees in the county of New-Hanover ; a hi!! to amend an act, passed in the year 1812, entitled *' an act directing the time and manner of appointing ovcrseeis in Richmond county ;" a bill to repeal an act, passed in the year 1819, entitled '* an act authorising the wardens of the poor of Wake, Craven and Jones counties to lay such tax as may be necessary for the suppoi-t of the poor of said counties," so far as respects Cra\cn county ; a bill to amend an act, entitled " an act directing the time and place of sales of land and slaves under execution ; and a bill to establish a poor and work- house in the county of Duplin ; also a resolution in favor of Rich- ard T. Brovvnrigg, late Colonel ofthe Chowan i-egiment of militia ; and a resolution in favor of John Barnett, Sheriff of Person county j and j^sking the concurrence of the Senate. Thereupon, the said bills and resolutions were severally read the first time and passed. The engrossed bill to amend an act, entitled " an act regulating descents," passed in the year 1808, was read the third time, and the amendment offered by Mr. Seawell being under consideration, to-wit to strike out the whole of the bill from the word "same," in the 4th line of the enacting clause, and insci't *' that in case any lands or tenements shall descend to any person or persons who at the time of such descent are the only heirs, and such heirs or either of them shall sell or dispose of, for a valuable consideration, such estate or any part thereof, the said conveyance shall be held and deemed effectual in law, against the claim of any after born heir, except such heir as shall be born within ten montlis after the happening of the first descent;" which amendment was not agreed to. The question then recurred on the passage of the said bill the third time, and the question thereon was determined in the affirmative ; and a message was sent to the House of Commons, asking their concurrence in an amendment made on the second reading of the said bill, on motion of Mr. Gray, to strike out " twelve," and insert " ten." JOURNAL OP THE SENATE. 95

Mr. Hatch, of Wayne, from the committee aj>pointed to conflict the balloliiii^ for a Board of Internal Improvements, reported that Duncan Cameron, Durant Hatch, jr. Montfort Stokes, John D.

Hawkins, Tiiomas Turner and Joiin Owen were duly elected ; which report was C(jncurred ir). The bill autliorising the erection of a public bridge over New Ri- ver, in Ashe county, was read the third time. Mr. Phifer moved to strike out so much of tine second section of the bill as relates to the appropriation of two hundred dollars ; which was not agreed to. Mr. Hill, of Franklin, moved to amend the said bill, by adding the following section :

"And be it further enacted. That the Board of Internal Improvement shall, from the unappropriated funds set apart for purposes of Internal Improvement, cause good and efficient bridges to be built across Tar river and Neuse river, at the places where the main stage road of the United &tates crosses the said rivers, so soon hereafter as the present contracts for building and repairing the bridges at the aforesaid points shall ex- pire. Which amendment was not agreed to. The question then recurred on the passage of the said bill the third time, and the question thereon was determined in the affirmative ; and the same was ordered to be engrossed. Mr. Murphy presented a bill to amend an act, passed in the year 1810, entitled " an act to establish a separate regiment in the county of Robeson ; wlsich was read the first, second and third time and passed, and ordered to be engrossed. Mr. M'Dowell presented a bill for the benefit of John B. White- sides and Tliomas Hughes ; which was read the first, second and third time and passed, and ordered to be engrossed. On motion, Mr. Caldcleugh, the Senator from the county of Da- vidson obtained leave of absence from the services of this House^ from and after to-day, until the end of the session. The bill to legalize and render valid certain grants therein named, was read the third time and amended, on motion of Mr. Hill, of Franklin, by striking out the whole of the bill, from the word " same," in the third line, and insert " that all grants heretofore issued f(»r lands, upon tiie certificate or certificates of any deputy surveyor, where the laws require that said certificate or certificates should have been signed by the surveyor himself, shall be as good and valid, to all intents and purposes, as if the said certificates had been signed by the surveyor, unless where there has been already issued a subsequent grant for the same land upon a certificate signed by the surveyor.

" And he it further enacted. That where any grant has heretofore issued upon any certificate of survey, signed by the deputy surveyor, no gi'ant shall hereafter be issued for the lands embraced and designated by said deputy surveyor's certificate ; any law [to the contrary notwithstanding."

Thereupon, the said bill was read the third time and passed, and ordered to be engrossed. ;

96 JOURNAL OF THE SENATE.

Ml-. Wall moved for, and obtained leave to withdraw the. petitioji of Hu5;h M'Arn, of Richmond county, together \viti» tiic iiccompa- nyitij^ papeis. The engrossed bill to provide for the paying of Jurors of the county of Wayne, was read tl)e second time and amended, on motion of Mr. Hatch, of Wayne, to strike out tlie words "seventy-five cents/* one in the second liise of the second section, and to insert the words |* third time dollar.-' Thereu}!on, the said hill passed the second and and a message was sent to the House of Commosis, asking tlieir concurrence in the amendment. A messap-e was sent to the House of Commons, stating that the Senate have passed a resolution in favor of the Do »r iveepers of the two Houses, aud asking the concurrence of that H;)iise. entitled an act T!ie hill to amend an act passed in the year 1812, in Richmond directing t'ns time and manner of appointing overseers county, was read the second and third time and passed, and amend- adding the fol- ed ojj tlie second reading, on motion of Mr. Wall, by

lovv'ing proviso : term. Provided, that this act shall not take effect until after next Januai'y tiie bill and a message Also to add " of roads" in the title of ; in the was sent to the House of Commons, asking their concurrence amendment. act, entitled an The bill to amend and extend the provisions of an with- act to j)roinote agriculture and family domestic manufactures ordered to be in this state, was read the third time and psssed, and

cnR:rossed. . • , x^ xi i.quity the Tlie bill to establish a Superior Court of Law and m motion county of Davidson, was read the third time andamended, on of Mr. Yanhook, by adding the following section : of the County Courts of Pleas an^ Be it further enacted, that after the next terms liockinghuin, they sl'all be Quarter Sessions of tlie counties of Person, Guilford and August, November and Fe- held for the county of Person on the third Monday in May, on th.- fourth Monday of May, August, Novem- bruary ; for t'.^e county of Guilford, first Monday ot .una, ber ana February; and for tlie county of P.ockingham, on the year and to which times aU the September, December, and March, in each and eveiy ; returnable. process and proceedings of the said Courts respectively shall be made of Mr. Came-| And the said bill was further amended, on motion hill, the words, ron, by adding in the title of the j Courts of Guilford, Rock-j " and to alter the time of holding the Superior and County of Person. ingham and CasweU, the Superior Court of Stokes and the tJounty Courts , Gald- And the said bill was further amended, on motion of Mr. cleugb, by adding the 7t!i section : quarter sessions of the county And beit }urther enacted, that the court of pleas and June, S-ptem. of Davidson, shall be opened and held on the third Monday of March, times all the process and other ber and December, in each and erery year ; to which that tnis act shallnot proceedings of said Court shall be made returnable : Provided, and quarter sessions be in force until after tlie next session of the court of pleas for said county. JOURNAL OF THE SENATE. 97

The question then recurred on thepassaj^e of the said bill the third time, and t!ie question thereon, was determined in the affirmative, and ordered to be engrossed. The bill to amend and explain the sixth section of an act, passed in 1314, entitled "an act for the more perfect orn-anizalion of the militia of this state," was read the third time and passed, and ordered to be engrossed. The engrossed bill to incorporate the Milton Male Academy, in the county of Caswell ; a bill to regulate the courts of [tieas and quarter sessions of Duplin county ; a bill to amend and cominue in force an act passed in the year 1820, entitled an act appointing commissioners for fixing on a suitable place (or the public buildings in Hyde county, and for other purposes ; a bill to keep open Goose creek, iil Craven county ; a bill to regulate the seine fishnries on

Tranter's creek ; a bill for the i-elief of Elizabeth Hoggatt, of the county of Guilford ; a bill to divorce Jacob Johtsson, of Chatham county, from his wife Hannah ; a bill authoiisiug the court of pleas and quartei* sessions of Rowan county to levy a tax and appoint commissioners to build a bridge across the South Yadkin i-iver j a bill to increase constables fees in the county of Nevv-Hasiover ; a bill directing the appointment and time of holding the board of appeals for Washington county, and for other purposes ; a bill to incorporate New Providence Library Company ; a bill to repeal an act passed in the year 1819, entitled an act authorising the wai'dens of the poor of Wake, Craven and Jones counties to lav such tax as may be necessary for the support of the poor of said counties, so far as respects Craven county ; a bill to establish a pooj* and work- house in the couiity of Duplin ; and a bill to amend an act, entitled **an act dii-ecting the time and [dace of sales of lands and slaves under execution ;" also a resolution in favour of Joim Barnett, sheriff of Person county ; and a resolution in favour of Richurd T. Brown- rigg, late Colonel of the Chowan leginient of militia, wci-e severally read the second and third time, and ordered to be enrolled.

Mr. Giaves presented the fo!h)wing r-esolution : Resolved, that the Adjutant General of this State, under the direction of the Gover- ifor, be requested to procure a full and complete description of t'le uniform of the ar- my of the United States, and publish the same as public orders, forthwith requiring the several ofHcers of the militia of this state to observe a strict conformity thereto. Resolved Jurther, that the Adjutant-General furnish to the several returning- officers •f the militia of this state, proper blank returns for their future returns.

And Mr. Hill, of Franklin, persented the fidlowing resolution : ^esoZ-jjeJ, that the Treasurer of the state of North-Carolina, be required to with- hold the payment of any further sum as an instalment on the shares subscribed for by the Treasurer, in behafrof the State in the Tar River Navigation Company, until he shall have ascertained, whether said Compam, has been duly and legally organized : and until it shall be also ascertained whether the subscribers for stock in said Compa- ny are bound by Law to pay the instalments required by said Company.

Which resolutions were ordered to lie on the table. 13 98 JOURNAL OF THE SLNATE. «

Tlie. en.^rossed bill to amend an/ act j)as.sed in the year 1821, entitled an act, to atncni! an act passt-d in the year 1810, entitled an art to amend an act jjassed in the year 1SU9, entitled an act to anicnd the sevej-al acts hei'ctoi'oi-e passed relative to the removal of ohstructjons to the passa.u;e of lish op the several rivers within this state, so far as relates to the Pedee and Yadkin rivers, was read the second time, and on motion of Mi-. Torrence, was indefinitely postponed. ^ Received from the House rrf Commons, the resia;nation of Wni. P. Wau.2;h, Colonel Commandant of the Cavalry attached to the 9th bi'i.a^ade of militia, which was Oidorsed in that House, read and accepted, and the same was read and accepted by the Senate. On motion of Mr. Welihorn, the Senate resolved itself into a committee of the whole, Mr. Seawell in the chair, on the bill concerning; the Cape-Fear Navij^ation Company, and afier some time spent therein, the connnittee rose, re])orted proi^ress, and obtained leave to srt a(^;dn. The Senate adjourned to 10 o'clock, on Monday morning.

Monday, Decemhcr 99, 1823. The Senate met agiveahly to ajljonrnment. A messaj^e was sent to the Honse of Commons, statin.!^ that the Senate hine passed a hill to amend and exj)lain the 6th section of an act jiassed in 1S14, entitled "an act for the more perfect oi'p^anlza- tioji of the militia of tliis State ;" a hill to establish a Superior Court of La« and Equity in the'county of Davidson, and to alter

tl.>e time of holdin.u; the Superior and County Courts of Cuilford, R,ockini;!»am ami Caswell, the Superior Ccmrt of Stokes, and the

County Courts of Person ; a hill to amejid and extend the provisions of an act. entithxl " an act to promote Aj^riculture and Family Domestic Manufactures, within this S\atc ;" a hill authorising the

erection of a public hridi^e yAvv New Rixer, in Ashe county ; a bill

to iciiajise and rendci* valiii certain grants therein named ; a bill to amend an act passed in the year 1810, entitled "an act to establish a separrJo regiment in the county of Robeson," and a bill for ttie benefit of John B. Whitf^side and Thomas Huglw, in w hich they ask the concu! •••nee of tiiat Honse. Oi! motion, Mv. Perkins, the member o( the Senate from th« 'county of Camden, obtaiued' leave of absence from the services of this House, from and after tliis (hay unlii the end of the session. Mr. Martin, rom the Committee on Criminal Law, to whom \vas referred a hill to amend and altei' the laws now in force relative to the Supreme Court of Norli\-Carolina, reported the said bill without amendmetit; thereupon the same, on motion of Mr, Mar- tin, was indefinitely postponed. JOUllNAL OP tllE SKNATF-. 09

Mr. Wellborn, from the Committee of Finance, reported that the committee had examined the vouchers in tlie Compttollci's office, and found them to correspond with the statement ma^io and exhibit-

ed by tliat otiicer to the General Assemhl) , and that there is tiovv in the Tj-easiiier's office five thousand six hundivd and niriet}-six dollars and twcntv -five cents in I'i'easur} notes, unfit for circulation, and lecommendini? the adoption of the following resolution: Ih'solved, That the Committee of Finance be instructed to have burnt, the sum of five tliousand six hundred and ninety-six dollars and twenty-five cents of Treasury Notes, unfit for circulation, and that the Treasurer have credit for the above sum in the settlement of liis accounts.

Which was agj-eed to. Received fjom the House of'Commons, a memorial of the Trustees of the University of this State; accompanying which is a message proposing that the same be referred to a select Joint-committee, and appointing Messrs. Mebane, in dell and Stanly, the committee on

the part of tiiat Hottse ; wiiicli proposition was agreed to, and Messrs. Phifer, Bryan and Sneed, wcje appointed on the part of the Senate. Received from the Hofise of Commons, a message, stating that they have ])assed a resolution to bui n Ti'easury Notes, and asking

the concurrence of the Senate ; thereupon the same w^as read and adopted and ordered to be enrolled. Received from the House of Coaimons, a commutiication from the Governor, of the date of the 27th instant, enclosing resolutions of the General Assembly of the State of leimessce, accompanying whicij is a message from the jHoukc of Commons, proposing that the communication be [irinted, oue Cirj)y for each member of tiie General

Assembly ; whicli proposition being reH{!, Mr. Seawell move*! that the further consideration of the propositiini to pj'int the message, be indefinitely postponed. On this question die ^cas and nays were demanded by Mr. Mar-

tin, and are as follows : For the indefinite postponement, are

' YEAS— Messrs. Baker, Brittain, Bullock, Eurges, Boddie, Callaway, Devane, Fere- bee, l-'lowers, Graves, Harreil, Hill, of P'ranklin, Hawkins, Hatch, of Wa^ne, Marsh, Murjihv, Peebles, Outlaw, Shipman, Suimier, Scales, Seawell, Vanhook, Wilhams, Ward, "Wall, Wellborn—27. Against the indefinite postponement, are NAYS—Jlessrs. Albritton, Alexander, Biyan, Bethune, Beasley, Cameron, Frii\k,

Forne} , Gibbs, Hatcli, of Jones, Hill, of Stokes, Jackson, llove, Lei;'rand, Mai-shall^ M'Dovv ell, M'Leod, M'Leary, Martin, Phifer, Parker, Pool, Riddick, Sneed, Speight, Torrence, Wilson—27.

'.''- There being an equal number of votes for ami against th'S mo-

I'tion ; tiie Speaker of the Senate thereupon, votcii io the affirmative, and the motion for the indefiniie postiK)!HMnent iiievailed, and the House of Commons was informed vhcieof by message. 100 JOURNAL or THE SENATE.

Mr. M'Dowell preHenteil a bill to hiiumkI an act, entitled " an act toenroiii'^e a.u;ri(Miltui*e and family domestic manufactures within tliis Statt-; wliich was read, and on motion of Mr. Hatcli of Jones, indefinitely^ post[)<»ned. The bill to alter the |)unishment for the crime of perjury, was read

the second time ; and on motion it was resolved by the Senate that the bill shall not pass. The bill retative to cojnpany musters of the militia, was read the second time; Mr. Jackson moved an amendment, to strike out the whole of the bill from the word " same," in the third line of the

enactin.^ clause, and insert the following : " that in future it shall not be lawful for any Captain of the militia, in any county, to order a company muster between the 15th of May and the I5tli of Au.5;*ust, in each and every year ;" which was not agreed to—Mr. Wilson moved that the said bill'be indelinitely postponed, which was

( not agreed to; Mr. Phifer moved an amenunient, to strike out / the word *' October," in tjie 9th line, and insert " March," which

was agreed to ; Mr. Callaway moved a proviso, *'that nothing contained in tliis act, shall affect tlic county of xishe," which was not agieed to. The question then recurred on the passage of the said bill the second time, and the same was determined in the negative. On this question the yeas and nays were demanded by Mr. Calla-

way, and are as follows : For the passage of the bill, are

YEAS. —Messrs. Albritton, Baker, Bryjtn, Bethune, Burg'es, Boddie, Cameron, Frihk, Ferebee, Forney, Gavin, Match, of Jones, Hill, or Franklin, Jackson,, Marshall, M'Dowell, Murphey, Phiter, Parker, Peebles, Pool, Shipman, Scales, Seawall, Tor- rance, Wall—26.

Against the passage of the bill, are NAYS— Messrs. Alexander, Brittain, Bullock, Beasley, Callaway, Devane, Flow- ers, Gibbs, Graves, HaiTell, Hill, of Stokes, Hawkins, Hatch, of Wayne, Love, Le- grand. Marsh, M'Leod, ^tl'Lear}-, Martin, Kiddick, Sneed, Speig-ht, Vanhook, Wil- liams, Wilson, Ward, Wellborn — 27.

Received from the House of Cominons, a message, stating that they have passed a resolution concei-ning ^he Civil Engineer, and

asking the concurrence of the Senate ; and the same, on motion of Ml-. Forney, \^as committed to a Committee of the whole House, to whom was referred a resolution of the Senate on the same subject,

and the bill concerning the Cape-Fear Navigation Company ; thereupon, motion of Mr. Forney, the Senate resolved itself into On a Com- I mittee of the whole, Mr. Hatch, of Jones, in the Chair, on the sub- jects abovementioned, and aftej- some time spent tiierein, the Com mittee rose, the Speaker resumed the Chair, and Mr. Hatch, of Jones, from the Committee of the whole, reported the several sub JOURNAL OP THE SENATE. 101

jects witir amendments : First, to- the i-esolution received from th(> House of Commons, to strike out ail tlie resolution after tlie word " r('s«>l\t'(l," and insert " tliat it is inexj;edient to make any fui'ti)er provision, as. to the employment of the Civil Engineer, than snch as now exists by law." Mr. Foiney moved that the further consideration of the resolution

and anicndment, be indefinitely postponed ; whicii was a^i^reed to. 'I'o the resointion of tlie Senate on tlie subject of the salary of the Civil Engineer, the Committ^^e of tlie whole proposed an amendment, to strike out the whole of the resolution after the word " re- solve," and to insert " that it is inexj)e(lient to make any further provision as to the, employment of the Civil Engineer, than such as now exists by law." Mr. Forney moved to postpoiie the said resolution and amendment,

indeiinitely ; which was agreed to. I'he Senate then pi-oceeded to the consideration of the amendment pro])osed to the bill concerning the Caj)e-Fear Navigation Conjjjany, when Mr. Speight moved to {sostpone indefinitely, the bill and a- mendment; which was not agreed to. On this question the yeas and nays were demanded by Mr. Speight, and are as follows: For the intlefinite postponement are,

, YEAS.—Messrs. Albritton, Bullock, Bowers, Beasley, Flowers, Gibbs, Harrell, Jackson, Mai'shall, Marsl), Parker, Pool, Riddick, Speig-ht, Williams~15. Against the indefinite postponement are, NAYS—Messrs. Alexander, Brittain, Bryan, Bethune, Surges, Boddie, Callaway, Cameron, Devane, Frink, Ferebee, Forney, Gavin, Graves, Hatch, of Jones, Hill, of Fraiiklin, Hill, of Stokes, Hawkins, Hatcii, of Wayne, I.ove, Legrand, M'Dowell, M'l-eod, M'Leary, Martin, Phifer, Peebles, Sliipman, Sneed, Sumner, Scales, Seawall, Torrence, Vanhook, Wilson, Whitfield, Ward, WalJ, Wellborn—39. The question then recurred on the adoption of the amendment,

which was agreed to ; and thereupon the said bill passed the third time, and ordered to be engi'ossed. Mr. Boddie presented a bill to alter the names and legitimate John Hunt and others, wiiich was read the first, second and third time, and passed and ordered to be engi'ossed. The Senate adjourned to 10 o'clock to-morrow morning.

Tuesday, Becnnher 30, 1823. The Senate met agreeably to adjournment. On motion, Mr. Hatcii of Wayne, obtained leave of absence from the services of the Senate, from and after this day, until the end of this session. Received from the House of Commotis, a message, stating that the Senate have passed the engrossed bill, concerning tlie Roanoke Na- vigation Company, with the following amendments: to insert "if 102 JOURNAL OF THE SENATE.

they deem it expedient," after,the woi'd " shall," in the 4th line of the first section, auld to add the following proviso after the first section :

Provided, That it shall be a condition of such subscription, made by tlie Public Treasurer with f^lie Directors of the Roanoke Na^'igatjon Company, tliat the said nio- jicy ^.all be apphcable only to the expence of locking down from the ,asin at Wel- (jou's drchard, into the ri^ er.

And askin<^- the coticunencc of t!ie Senate in the said amendments; thereupon tije same ^^cre agreed to, with an amendment to Ihe a- mendment, on niotutn of Mr. Soawcll, tostrikeout thewor'ds " Pub- lic Treasurer," and to insert " Board of Internal Improvements j" and a message was sent to the Roi:se of Commons asking their concurience. Received from the House of Commons, a res«dution in favour of Jolin Gray Elount, which being read, Mr. Cameron juoved to strike out the whole of the resuiution from the word " resolved," and insert the following : " thkt the Secretary of State issue to John Bul- lock, or his heirs at law, a duplicate military land warrant, foj- two hundred and twenty-eight acres of land ; and that he also issue to Amos Lewis, or his heiis at law, a military warrant for two hundred and twenty-eight acres of Ifind," which was not agi'eed to. The question then recurred on the adoption of the resolution, and the same was determined in thi* affirmative, and orch'ied to be enrolled. The hill to regulate the time of holding the Superior Courts of Law a»id Equit} in thr 5iii Judicial Circuit, was read the thii*d time and passed, and ordered to be egiirossed. The engi'ossed resolution directing the Secretary of State to purchase stationary, and tite resolution directing the Board of Internal Imj)ro\ijnent8 to cause a survey t(» be made of the north-cast branch of the Cape-Fear river, were read and adopted and ordered to be enrolled. Received from the Hr,;;'' a of Commons, the engrossed bill to authorise the issuing of T.'casu;, Notes, which was read the fiist time and passed. Received from the House of Commons, a message, stating that they agree to the se\ era! amendments madu by the Senate to tlie bill to amend an act, entitletl *' an act regulating descents," passed in

i ? j.'ic 1808 ; the bill to ansend an act passed year 1812, entitled ** an act directing'^the time and nsanner of appointing overseers of roads, in Richmond counly ;" and the h;l! to provide Cor the paying of Jurors of the county of Vvayne. Th* ttitpcn the srJd bills were severally ordered to be enrolled. A message was sent to the House of Commons, stating that the Senate liave passed a bill to alter tlse names and legitimate John

Hunt and others ', and a bill concerning tlie Cape-Fear Navigation, and asking the concurrence of that House.

# —

JOURNAL or THE SENATE. 103

On tTiotioTi of Mr. M*Leo;l, it was resolved by the Senate, that the nth rule for the iôvermncint of this House, requiring *» that all hills of a public nature, whni leatly tor tlie second hearin.^, shall be noted to he read at least one day previous thereto," be suspended for the remainiif^' part of this session. On motion of Mr. M'Lood, a mesâ.jê was sent the House of Commons, proposinej that the two Houses adjourn on to-morrow at twelve o'clock, witliout day- The resolution instructtn.i^ the Public Treasurer respcctin.^ the Tar River Navic;ation Company, was read, and amended, on motion of Mr. Seawp!!, by striking out the wiiole of tiic resolution from the " wi>r-(! organized," and to ad«l, "and until it shall appear to the satisfaction of the said Public Treasurer that the subscriptions for stock in ti>e said corporation by individuals were made in conformity to law; and until also the said corporation jtut them?:olves under the management of tlie Board of Inltrnai lmj)rovement."

The question then recuined on the adojition of the resolution ; and the same was determined in the adirmative, and ordered tx> be engrossed. The engrossed bill directing a Court of Oyer and Terminer to be held for the county of Wake, was read the second time, an;i on motion, it vvas resolved i>y Vie Senate, that this bill shall not pass. A message was sent to the House of C(»mmons, stating that the Senate have j)assed a res(jlution instructing the Public Treasurer respecting the Tar River Navigation Company, in which they ask the concurience of that House. The engi'ossed bill to authorise the issuing of Treasury Notesj. was read t!ie second time. Mr. Seaweil moved that the said bill be indefinitely postponed; and the question thereon was determined ia. the negative. [

On this question the Yeas and Nays , were demanded by Mr.

! Marsh, and are as follows. For the indefinite postponement, are

YEAS—Messrs. Bethune, Boddie, Cameron, Hill of Stokes, LegranJ, Murphy, Out- law, Pliifer, Peebles, Shipman, Sneed, Seaweil. Torrence, Whitiield—14.

Against the indefinite postponement, arc

NAYS—Messrs. Albritton, Alexander, Baker, Briltain, Bullock, Bryan, Bowery Beasley, Callaway, Devane, Frink, Ferebee, Flowers, Gibbs, Gavin, Harreli, Hatch of Jones, Hill, of FrankTln, Hawkins, Jackson, Love, Marshall, M'Dowell, Marsh, M'Leod, M'Leary, Pai'ker, Pool, liiddick, Speight, Scales, Vauhook, "Williams, Wil-^ son, Wai'd, Wall, WeDborn 37. [ — Mr. Hill, of Franklin, then moved an amedment to strike out the words *' oiie hundred," in the 5th line of the 1st section, and to insert the word '* fifty"— Which was not agreed to.

Mr. Love moved an amendment, io add the following section :

% 104 JOURNAL OF THE SENATE.

And he it further enacted, that the Public '-Treasurer shall be allowed tlie same oompensation, according to the amovmt of the Treasiny Notes issued in virtue of this act, that he was allowed by the General Assembly heretofore for the like services. Wiiicli was a.^reed to. The question tlien recurred on the passac^e of the said bill the second time, and the same was determined in the affirmative.

Thereupon the said bill was read the third time and passed ; and a messai^e was scut to the House of Commons askin,^ their concurrence in the amendment. On the passai^c of the said bill, the Yeas and Nays wet'C demanded by Mr. Cameron, and are as fr.Jlows : For the passa.t^e of the said bill are, YEAS—Messrs. Albritton, Alexander, Brittain, Bullock, Beaslcy, Callaway, Devane, Frink, Ferebee, Flowers, Gibbs, Gavin, Ilarrell, Hill, of Franklin, Hawknis, I.ove, Marshal], Marsh, M'Leod, Parker, Riddick, Scales, Williams, Wilson, \^'all, AVard, Wellborn—27.

Against the passage of tlie said bill, are NAYS—Messrs, Bryan, Bethune Cameron, I'orney, Hatcli, of Jones, IliU, of Stokes, Jackson, Legrand, M'Dowcll, Martin, Outlaw, Phifer, Peebles, Pool, Siiipman, Sneed, Seawell, Torrence, Whitfield— 19.

Mr. Callaway presented a bill to ap[»oint commissionei-s to lay off' the state road from John Lvles' to Absalom Bowers' old place, and foi- othei' purposes, whi( h was read the first, second and third time and passed, and oi'dered to be engrossed. Received from the House of Commons, a message, stating that they have passed the bill anthoi'ising the building of a toll-bridge over Roanoke river at tlic town of Halifax, and to incorporate a company for that purpose, with sundry amendments tlierein stated, and asking the concurrence of the Senate^ which amendments were severally read and agreed to. A message was sent to the House of Comnions, stating tliat the Senate have j)assed a bill to regulate the time of holding the Supe-

rior Courts of Law and Equity in the fifth Judicial Circuit ; anil a bill to appoint commissioners to lay o{f the state road from John Lyles' to Absalom Bowers' old place, atid for other purposes, and asking the concurrence of that House. On motion, Mi*. Hill, of Franklin, and Mr. Hawkins, of War- ren, obtained leave of absence from tl»e services of this House, from and after this day until the end of this session. The Senate adjourned to 9 o'clock, to-morrow morning.

Wednesdaij, December 31, 1823. The Senate met agreeably to adjournment. Mr. Giaves, from the committee on the militia laws, to whom was referred a resolution of the Senate, directing them to enquire into the expediency of allowing compensajtion to a court- martial, ordered to try the Colonel of the Duplin regiment of —

JOURNAL OF THE SENATE. 105

militia, reported tlie folIowinjGj resolution : " Resolved, that it is in- expedient to pny the said court-martial."—Which was agreed to. Mr. Wilson uioved for, and ohtained leave to withdraw tlie petition from Caitciet county, praying that compensation be made to a detachment of the militia of said county. Received from tlie House of Commons, a message, proposing that a balloting immediately take place for Colonel of Cii\ airy in the 9th brigade of militia, and nominating for that appointment, Samuel F. Patterson—Which pi'oposition to ballot, was not agreed to. Received from the House of Commons, a message, stating that they " recede" from their amendment to the bill to repeal an act passed in the year 1822, entitled "an act to regulate the Courts of Pleas aTid Quarter Sessions in the counties of Cabarrus, Moore and Montgomery, so far as relates to the county of Moore |" thereupon the same was ordered to be enrolled. Mr. Foi-ney pi-esented a bill to appoint coramissioneis to view and lay out a road from Salisbury to Bcattie's Ford on tise Catawba Which was read the fii-st time and passed. Mr. Cameion presented tlie following resolution: Resolved by the General Assembly of the State of North-Carolip.a, that the Public Ti'easurei be dhected to pay to Joseph Gales and Son, one hundred and ninety-six dollars, for printing an extra number of copies of the Report of the Board for Internal

Improvements at the present session, for the use of the members of Assembly ; and that the joint rule Vkdiich reqa:res all I'esolutions for the payment of money, to be read three times in eacia House, be, as regards this resolution, dispensed with; Which was adopted, and ordered to be engrossed. Received from the tjruse of Commons, a message, stating that they have passed a bill to reduce the salary of the Supreme Court Judges of this State, and asking t!ie concurrence of the Senate. Thereupon the said bill was i-ead, and On motion of Mr. Wilson, was indefinitely postponed. On this question, the Yeas and Nays were demanded by Mr. Torrence, and

are as follows : For the indefinite postponement of the bill, are YEAS—Messrs. Alexander, Baker, Brittain, Bryan, Bethune, Burges, Boddie, Cam. eron, Devane, Ferebee, Flowers, Forney, Graves, Hatch, of Jones, Hill, of Stokes, Hawkins, Leg'rand, Marshall, M'Leod, Martin, Outlaw, Peebles, Pool, Sneed, Sumnerj

Seawell, Williams, Wilson, Ward, . all—30. Against the indefitiite postponement of this bill, are NAYS—Messrs. Albritton, Bullock, Frink, Giobs, Gavin, Harrell, Jackson, Love, Marsh, M'Leary, Murphy, Phifer, Parker, Riddick, Shipman, Speight, Scales, Tor- rence, Vanhook, Wellborn—20. Received from the House of Commons, a message, stating that they have postponed indefinitely the bill to amend an act passed in 1806, entitled " an act for the moie uniform and convenient administration of justice within this State." Also received a message, stating that the House of Commons concur in the amendment made by the Senate to the bill to authorise the 14 106 JOURNAL OF THE SENATE.

issuins; of Treasury Notes ; thereupon the same was ordered to be enrolled. The cn,2;rossed resolution in favour of Joseph Medley, sheriff of Anson county, was read the first, second and third time and passed, aiid ordered to be enrolled. Received from the House of Commons, a messas^e, stating that they have passed the eni^rosscd bill to regulate the time of holding the Superior Coiirts of Law and Equity in the fifth Judicial Circuit, with an amendment, to insert after the word " Judge" the words *' and Solicitor," and strike out the wliole of ihe 2d section after the word " pay/" and insert ^'jn proportion to the additional time," and the same being read, a message was sent to the House of Commons, stating the agreement of the Senate to the amendment first above mentioned ; hut that they do not agree to the other a- niendment. The bill to appoint commissioners to viev/ and lay out a road from Salisbury to Beattie's Ford on the Catawba, was read the second, and third time, and passed, and a message was sent to the House of Commons, asking their concuj-rence. Received fro'.n the House of Commons, a message, stating that they have passed the engrossed resolution instructing the Public Treasurer respecting the Tar River Navigation Company, with an. amendment in the 7th line of the first section after the word '* river" to insert the words " and Neuse river," and to make the other parts of the resolution correspondent, which amendments were agreed to. The engro.ssed resolution in favour of the door-keepers of the House of Commons, was read and adopted, and ordered to be enrolled. Received from the House of Commons, the resignation of Francis L. Hawks, Colonel of Cavalry of Craven county, which is endorsed " read and accepted," and the same was read and accepted bj the Senate. Received from the House of Commons, a message, stating that they have Jia\e passed a bill to explain the second section of an act passed in the year 1806, entitled " an act to revise the militia laws of this state relative to t!ie infantry ;" and a bill to repeal the 5th section of an act passed in 1812, entitled " an act to amend the militia laws of this state," and asking the coacurrence of the Senate. Thereupon the fir-st mentioned hill was read ^he first, second and third time and passed ; and oi-der*ed to be enrolled; and the last mentioned bill was read the first time, aTttr-{)assed ; and the same beino; read tlse second time ; Mr. M'Leod morved that the bill be indefinitely postponed, and the question thereon was determined in th« afiirmati\e. A message was sent to tlie House of Commons, stating that the Senate have passed a resolution in favour of Joseph Gales and Son, in which they ask the concurrence of that House. JOUKNAL OF THE SENATli. 107

On motion of Mr. Graves, the Senate pi'oceeded to the considera- J:ioM of the iTHolution preseMted by him on the 2rth instant, relative to the militia of this state ; and the same bo'\\\s; read, Mr. Callaway moved that the resolution be amended, by addinij the (bllowin,);^ pro- •• viso : Piovided that nothing contained in this resolution shall extend to any otMeer of the militia below the grade of a general otti- cei- ;" which was in)t agreed to. Mr. Callaway then moved that the further consideration of the resolution be postponed indefinitely, and the question thereon was determined in the aitirmative. Received from the House of Commons, a message, statisig thai. they have postponed indefinitely the bill to authorise John Patton, of Buncombe county, to convey to Thomas Kinsey and others, in ttust, a certain portion of the public lands ; and also the bill authorising the improvement of Great Cohara Swamp, in the county of S;iinp- son. » Mr. Love moved to reconsidei* the vote on tiie resolution relative to the militia, with a view to amend tiic same ; which was agreed to ; and the same was amended, on motion of Mr. Brittaln,by striking out tiie whole of tlie first resolution, after the woi-d "same," in the fifth line ; and the resolution being furtlier amended, on ntofion of Mr. Camei'on, by striking out tiie preamble, it was thereu|!on adof)ted and ordered to be engrossed Received iVom t!ie House of Couisuons, a message, stating that they have passed a bill to pi-ovide for revising and ccjnsolidating tlu; acts of the General Assembly concerning execiitors and administrators ; and a bill to extend tiie time within Vrhicii Comn^issionei's were authorised to receive subscriptions to 'build a toll-br-idge over Dan river, in the county of Caswell, near Miltou, and to continue in force an act, passed at the last session of the General Assembly, i;i- corporating a company for that purpose j and asking tlsc concurrence of the Senate. Thereupon, the first mentioned bill was read the first t'ane and passed ; and the same being read the secosul lime, was. ^in-inotiDii of

Mr. Seaweli, indefinitely postponed ; and llie last nienlioned bill was read the first, second and third time and passed, and ordered to be enrolled. Received from the House of Commons, a message, stating that they have passed a bill to provide a unifoim system for the govern-

ment of Courts Martial on the trial of officers umler arrest ; and

asking the concurrence of the Senate. -i' Thereupon, the said bill was

read the first time and ])asscd ; and the same being read the second time, was, on motion of Mr. Seaweli, indefinitely jiostponed. The Senate adjourned to 3 o'clock, this afternoon.

Wednesdatj afternoon, 3 o'clock.

The Senate met agreeably to atijoujnn.ent- A message was sent to the House of Commons, stating that the 108 aOURNAL OF THE. SENATE.

Senate l)avf passed a rpsalwtion roncenilrig; the militia of this state 5 ill which tiu'y ask the coiuuirciice of tliat House. On motion* Mi'. BoasK y, the Seiiatoi* iroiii the county of Tyr- rell o!>taine(l leave of ahscnce iVoiu t!ie .services of tiiis House, from after this day, until the end of the present session. Received I'rom the Hoiise of Commons, a messaii^e, stating that they have passed the cnt^iossed bilJ to amend and extend the provisions of an act, entitled •' an act to promote a,:^riculturc and family dom(\stic manufactures within tiiis State," with sundry amendments ; which were severally read and ag*reed to by the Senate ; and thu House of Commons was itjformed thereof by message. Mr, Wellborn, from tlie Committee of Finance, who was cliarged with tlie duty of counting and btirning the worn and defaced treasury notes, reported, that in executing the duties assigned them, they have l)urnt and destroyed the s'lm of five thousand six hundred and ninety-six dolhirs and twenty-five cents of treasury notes, issued by this State, which were Jiulged unfit for further use or circulation ; and thereupon, submitted tiie following resolu-tion :

Resolved, That the Public Treasurer have credit in his account with the State, for the above mentioned sum of iivc thoirsand six hundred and ninoty-si.\ dollars and twenty-live cents, being the amount of the treasury notes burnt and destroyed ; and that the Comptroller credit him accordingly. Which was read and adojyted, and ordered to be engrossed. Received fi'om tiie House of Commons, a message, stating that they iiave passed a bill furtiier to mitigate the severity of executions, and asking tlie conrurrence of the Senate. Thereujion, the said bill was read the iirst time and |);issed ,* which being read the .second time, Mr. Bryan moved to amend the same by adding the words ** together witSi so much of tlie croji, .stock, and pr(> visions as will suffice for the sup])ort of the family for six montlss." Mr. Frink moved that the said bill, together with the amendment, he indefinitely |)ostponed ; and the question thereon was determined in the affirmative. The engrossed bill to repeal the 9th section of an act, passed in 1813, entitled " an act to amend the militia laws of this State, and for other j)urposes," was read the first time and passed ; and the same being read the second time, it was resolved by the Senate, that ihe same shall not pass. Received from the House of Commons, a message, stating that they have indefinitely postponed the recommendation of the members

«)f Beaufort, in relation to the appointment of sundry persons to the commission of the Peace. Received also a message, slatitsg that the House of Commons agree to the amendments made by the Senate to the bill to amend the laws making provision for widows. Thereupon, the same was prdered to be enrolled. JOURNAL OP THE SENATE. 109

The ciifijro.ssed resolution in favor of Mr. Appleton, was read the first, second and third time and passed, and amended, on the second readiiiii;. on motion of Mr. Hatch, to strike out the words "five hundred," in ihe second line, and to insert *' one thousanti ;" and a inessai^e was sent to the House of Commons, asking their concurrence in the amendment.

The fidh^wins; eni^rossed hills, to-wit : a hill securing to the widows of intestates the sui'plus of the personal estate of their deceased hushatids vvliere no kindred claims the same ; a hill to authorise the distrihiition of the militia laws of this State; a bill directing a geological an

Carolina ; and a bill authorising certain limitations of slaves by deed or writing, wMie severally read the first, second and third time and passed, and ordered to be ern'olled. Mr. Cameron moved to reconsider the v^ote taken on the last mentioned hill, witli a view to amend the same ; which was agreed to ; and the said bill being reconsidered, Mr. Cameron moved an amendment, to insert after the word ** deed," in the second section, the words " or wi-iting ;" which was agreed to. The question then recurred on the passago of tiie said bill as amended, and the same was determined in tlie affirmative ; and a message was sent to the House of Commons, asking tlieirconcurreace in the amendment. Received froni the iiousc of Commons, a message, stating that they do not agree to the amendment made by the Senate to the resolution in favor of Mr. Appleton. Thereupon, the Senate receded from their amendment, and the House of Commons was informed, thereof by message. The engrossed bill to repair and improve the road leading from Huntsville, in Surry county, to the Virginia line, by way of Gap Civil, in Ashe county, was read the first, second and third time and passed, and ordered to be enrolled. The engrossed resolutions, appropriating money for the completion of tiie State-House, was read and adopted, and ordered to be enrolled. The Senate adjourned to 7 o'clock to-morrow mornijig.

Thursday, January 1, 1824. The Senate met agreeably to adjournment. Received from the House of Commons, a resolution retaining tiie

State Engineer ; which was read the first time. Mr. Wellborn m(»ved to stiike out the word '• three," in the 10th line, and to insert "one;" which was not agreed to. Thereupon, the said resolution, on motion of Mr. Hill, of Stokes, was indefinitely postponed.

Mr. Love presented the following resoiuion : Resolved, Thattlie Treasurer, Secretary and Ccmptroller constitute a Board for the superintending the application of the fund set apart for the completion of the Capitol, and tlie procurement of the necessary fiu:niture ; and 110 JOURNAL OP THE SENATE.

Resolved further. That ;:he services of the State Arcliitect be henceforth dispensed with. Which was read and adopted, and sent to the House of Commons for theii* connirr'^vce. Received from the House of Commons, a resolution in favour of Bell & Lawrence, and a resolution reeiucstiti]^ the Govenioi* to address a memorial to the Congress of llie United States, on the subject of makinp; provisions for satisfy ini*, out of the lands ceded by this State to the United States, such claims as have been adjudged valid by this State; which were severally read and agreed to, and ordered to be enrolled. Mr. Cameron presented a bill concerninj^ entries in John Arm-

strong's office, and military land warrants, which v> as read the first time and passed, and the same being lead the second time, it was resolved by the Senate that the hill sirall not pass. Received from the House of Commons, a message, stating that they have completed the wliole of the business before them and now propose that the two Houses of tiiis General Assembly adjourn immediately without day.

Ml". Wellborn presented the following resolution :

Resolved iinaniinonsly. That the thanks of the Senate be g'iven to the. Ilonoi'able IBahtlktt Yaivct, for the able, dig-nified and impartial manner, in which he has discharged the duties of the Chair, during the present session.

Which being read, the question was put by the Clerk : " Will the Senate adopt this resolution ?" And the same was unanimously a- dopted accordingly. Thereupon the Speaker delivered an appropriate address to the Senate, and adjourned the same without day. BARTLETT YANCY, Speaker of the Senate. By order, B. H, Covington, Clerk o ilii Semite.